A.Kalyanasundaram v. The Additional Secretary

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.06.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and W.M.P(MD)No.7439 of 2016 A.Kalyanasundaram ... Petitioner Vs.

1.The Additional Secretary, St.George Fort, Chennai-32.

2.The Director, Vigilance Department, Adyar, Chennai.

3.The Additional Chief Secretary, SIDCO Complex, Guindy, Chennai.

4.B.Krishnan 5.S.Parameshwaran 6.M.Sivaganga 7.Tamilselvan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to take appropriate action upon the respondents 4 to 7 based on the petitioner's representation dated 11.05.2016 pertaining to corruption and misappropriation charges. For Petitioner : M/s.K.R.Laxman For R-1 to R-3 : Mr.P.Thilakkumar Government Pleader for Mr.M.Ramesh Government Advocate For R-4 : Mr.V.Kannan for Mr.S.Doraisamy For R-6 & R-7 : No appearance 1/3

ORDER

The present Writ Petition has been filed seeking a Writ of Mandamus, directing the respondent Nos.1 to 3 to initiate appropriate action as against the private respondent Nos.4 to 7, based upon the representation, dated 11.05.2016, pertaining to corruption and misappropriation charges.

2. Pending writ proceedings, the third respondent has conducted an enquiry and all the private respondents have been discharged from their charges and has arrived at a finding that none of the charges as against R4 to R7 have been proved. Thereafter, all the private respondents have also been permitted to retire and they are no longer in service as on today.

3. Considering the above said facts, since the respondent Nos.4 to 7 are not in service, the official respondents, namely, R1 to R3 will not have any jurisdiction any longer to initiate any disciplinary proceedings as against R4 to R7. In view of the above said discussion, the prayer sought for by the writ petitioner, seeking a Mandamus cannot be entertained.

4. The Writ Petition stands dismissed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar (CS III) // True Copy // /06/2022 Sub Assistant Registrar(CS) btr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.

To 1.The Additional Secretary, St.George Fort, Chennai-32.

2/3

2.The Director, Vigilance Department, Adyar, Chennai.

3.The Additional Chief Secretary, SIDCO Complex, Guindy, Chennai.

+1 CC to M/s.V. KANNAN, Advocate ( SR-27028[F] dated 21/06/2022 ) +1 CC to M/s.SPL.GP ( SR-27099[F] dated 21/06/2022 ) +1 CC to M/s.C. DEEPAK KUMAR, Advocate ( SR-27501[F] dated 22/06/2022 ) Order made in 20.06.2022 SS(27/06/2022) 3P 7C 3/3