R.Vivekanandan v. Superintending Engineer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.11.2022

CORAM

THE HON'BLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.8413 & 8414 of 2017 R.Vivekanandan ... Petitioner Vs.

Superintending Engineer, TWAD BOARD, 911, R.C. Church Complex, T.V.Circle, Madurai Road, Kovilpatti - 1.

... Respondent PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, direction against the charge memo No.101/F.Charge Framed/Supdt/2017/ dated 18.05.2017 and the consequent order of service surrender F.AO/EA/2017 dated 22.05.2017 in the nature of writ calling for the records on the file of the respondent and quash the same.

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For Petitioner : Mr.V.O.S.Kalaiselvam For Respondent : Mr.R.Satheesh Standing Counsel

ORDER

This writ petition is filed challenging the Charge Memo, dated 18.05.2017.

2. The petitioner has raised the jurisdiction question stating that the Superintending Engineer is not the appropriate authority.

3. When the matter was taken up for hearing the learned Counsel appearing for the petitioner submitted that the respondent have accepted the jurisdiction question raised by the petitioner and the Charge Memo has cancelled. Subsequently, the appropriate authority has issued the charge memo and the disciplinary proceedings ended up in punishment. Therefore, nothing survives for adjudication. 2/4

4. However, the petitioner submitted that in spite of disciplinary proceedings has come to end, due to pendency of this writ petition, the respondents have not paid any terminal benefits to the petitioner. The respondent is directed to pay the terminal benefits that is applicable to the petitioner within a period of four (4) weeks from the date of receipt of a copy of this order.

5. With the above said direction, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed. 30.11.2022 Index :

Yes / No Internet :

Yes / No jbr To Superintending Engineer, TWAD BOARD, 911, R.C. Church Complex, T.V.Circle, Madurai Road, Kovilpatti - 1.

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S.SRIMATHY, J jbr Order made in 30.11.2022 4/4