Madras High CourtWP(MD)/26653/2019disposed as infructuous

T.Selvaraj v. Union Of India Rep By

2022-02-11Honourable Mr Justice S.M. Subramaniam3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and WMP(MD)Nos.22984 & 22985 of 2019 T.Selvaraj ... Petitioner Vs.

1.Union of India Rep. by the Secretary to Government, Ministry of Railways, Rail Bhavan, New Delhi.

2.The Director General, Rail Bhavan, New Delhi.

3.The Principal Chief Security Commissioner, Southern Railway, Moore Market Complex, Chennai - 3.

4.The Divisional Security Commissioner / Disciplinary Authority, Palakkad Hwy, Kallekkulangara, Olavakode, Palakkad, Kerala 678 002.

5. Sayed Nehal Hassan, Assistant Security Commissioner / Enquiry Officer, Palakkad Hwy, Kallekkulangara, Olavakode, Palakkad, Kerala 678 002.

... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records of the respondents in connection with the impugned orders issued by the 3rd and 4th respondents in 1/3

No.X/P.227/Ts/PGT dated 02.12.2019 and No.J/XP.227/DAR & COURT Vol.V/19 dated 20.11.2019 respectively and quash the same and further direct the respondents 3 to 5 to proceed the enquiry in respect of the charge memorandum dated 10.09.2013 under Railway Servants (D&A) Rules 1968.

For Petitioner :No appearance For R1 To R4 :Mr.S.Manohar

O R D E R

The disciplinary proceedings initiated by the respondents is under challenge in the writ petition.

2. The learned counsel appearing on behalf of the respondents brought to the notice of this Court that during the pendency of the writ petition, the enquiry proceedings were concluded and the petitioner was dismissed from service with effect from 24.09.2020.

3. In view of the fact that the final order has been passed in the departmental disciplinary proceedings, the cause did not exist as of now. Thus, the writ petition stands disposed of as infructuous. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) MPK To 1.The Secretary to Government, Union of India Ministry of Railways, Rail Bhavan, New Delhi.

2.The Director General, Rail Bhavan, New Delhi.

2/3

3.The Principal Chief Security Commissioner, Southern Railway, Moore Market Complex, Chennai - 3.

4.The Divisional Security Commissioner / Disciplinary Authority, Palakkad Hwy, Kallekkulangara, Olavakode, Palakkad, Kerala 678 002.

5. The Assistant Security Commissioner / Enquiry Officer, Palakkad Hwy, Kallekkulangara, Olavakode, Palakkad, Kerala 678 002 +1 CC to M/s.S.MANOHAR, Advocate ( SR-6301[F] dated 15/02/2022 ) +1 CC to M/s.R.DHINESH KUMAR, Advocate (SR-6263[F] dated 15/02/2022) 11.02.2022 SVN(CO) GC(25.02.2022) 3P 8C 3/3