Petitioner challenged retirement order and disciplinary proceedings via writ. Court found disciplinary proceedings concluded by 2012. Held petition infructuous and disposed accordingly.
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W.P.(MD).No.14056 of 2011
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.11.2020
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.(MD).No. 14056 of 2011 and
MP(MD)Nos.2 and 3 of 2011
R.Madasamy ... Petitioner
-Vs-
Teacher's Education, Research and Training, College Road, Chennai – 600 006.
District Institute of Teacher's Education and Training, Munainjipatti, Tirunelveli District.
Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records of the second respondent in (1) Na.Ka.No.1421/A2/2008, dated 19.09.2009; (2) Pro.Na.Ka.No.18759/A2/2009, dated 31.05.2010 to the limited extent of permitting the petitioner to retire without prejudice to the disciplinary proceedings initiated by the second respondent in Na.Ka.No.1421/A2/2008, dated 19.09.2009 and pending criminal proceedings, quash the same and issue consequential direction to the respondents to permit the petitioner to retire from service on 31.05.2010 without any condition to disburse all the retirement and other benefits which the petitioner is legally entitled to within a stipulated period.
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W.P.(MD).No.14056 of 2011
For Petitioner
: Mr.M.Ravi
For Respondents
: Mrs.S.Srimathy, Special Government Pleader (for R1, 2 and 4)
ORDER
The writ petition is filed challenging the charge memo as well as the order of retirement, dated 31.05.2010, the disciplinary proceedings were initiated against the writ petitioner and he was allowed to retire from service without prejudice to the disciplinary proceedings initiated against him.
2.However, the learned Special Government Pleader appearing on behalf of the respondents 1, 2 and 4 brought to the notice of this Court that the said disciplinary proceedings were concluded and the final order has been passed by the Governement in G.O.(1D).No.368, School Education Department, dated 17.10.2012.
3.In view of the fact that the disciplinary proceedings initiated against the writ petitioner had already been concluded, no further adjudication is required in the present writ petition.
4.Accordingly, the writ petition stands disposed of as infructuous. No costs. Consequently, connected miscellaneous petitions are closed.
// True Copy //
/ /2020 Sub Assistant Registrar(CS)
sji
To
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W.P.(MD).No.14056 of 2011
+1 CC to the SPL GP ( SR-21566[F] dated 09/11/2020 )
W.P.(MD).No. 14056 of 2011 05.11.2020
KM(CO) CS(18.11.2020) 3P 5C
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1 issue framed by the court
Whether the writ petition is maintainable when the underlying disciplinary proceedings have already been concluded.
R.Madasamy
Government of Tamil Nadu
The Director, Teacher's Education, Research and Training
The Principal, District Institute of Teacher's Education and Training
The Joint Director (Planning/Enquiry Officer
S.M.Subramaniam
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
