Writ petition filed for mandatory direction to continue payment of subsistence allowances pending review petition outcome dismissed because dismissal was confirmed via G.O. dated 19.10.2022.
None. Writ petition dismissed. Petitioner retained liberty to challenge the order passed in the Review Petition.
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W.P.No.7082 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.11.2023
CORAM
THE HONOURABLE Ms.JUSTICE R.N.MANJULA
W.P. No.7082 of 2020
Dr.S.V.Rajalingha Rajah, Ph.D., Son of S.R.Venkata Perumal Raja No.6, Plot No.254, 9th Street Malleswari Nagar, Madambakkam Post Chennai 600 126
... Petitioner
/Vs/
1.The Secretary to the Government Department of Environment and Forests Fort St. George, Chennai 600 009
2.The Commissioner for Disciplinary Proceedings Office of the Tribunal for Disciplinary Proceedings First Floor, Kuralagam Chennai 600 108 Respondents
Writ Petition is filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus to direct the first Respondent to direct his subordinate authorities to continue to pay to the Petitioner the subsistence allowances (as paid to him during the period of his suspension) beyond the date of passing the impugned orders in G.O.(2D) No.10 Environment and Forests (FR-1) Department dated 07.02.2020 and until the final orders that are to be passed by the Reviewing Authority in the Review Petition preferred by the
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Petitioner.
For Petitioner : Mr.R.Balachanderan For Respondents : Mr.T.Chezhiyan Additional Government Pleader
ORDER
This Writ Petition has been filed for issuance of Writ of Mandamus to
direct the first Respondent to direct his subordinate authorities to continue to pay to the Petitioner the subsistence allowances (as paid to him during the period of his suspension) beyond the date of passing the impugned orders in G.O.(2D) No.10 Environment and Forests (FR-1) Department dated 07.02.2020 and until the final orders that are to be passed by the Reviewing Authority in the Review Petition preferred by the Petitioner .
2.Heard Mr.R.Balachanderan, learned counsel appearing on behalf of the Petitioner and Mr.T.Chezhiyan, learned Additional Government Pleader appearing on behalf of the Respondents.
3.Since the Review Petition filed by the Petitioner before the first Respondent challenging G.O.(2D) No.10 Environment and Forests (FR-1) Department dated 07.02.2020 has been rejected by the first Respondent as
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devoid of merits vide G.O.(D).No.239, Environment, Climate Change and Forest (FR.1) Department, dated 19.10.2022, the Petitioner's dismissal from service is confirmed and the Petitioner is not entitled to get subsistence allowances.
4.In the result, this Writ Petition is dismissed. However, the Petitioner is at liberty to challenge the order passed in the Review Petition by the first Respondent, in the manner known to law. No costs.
02.11.2023 (1/3) Index : Yes/No Neutral citation : Yes/No Speaking Order/Non-Speaking Order sai To
1.The Secretary to the Government Department of Environment and Forests Fort St. George, Chennai 600 009
2.The Commissioner for Disciplinary Proceedings Office of the Tribunal for Disciplinary Proceedings First Floor, Kuralagam Chennai 600 108
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R.N.MANJULA, J.
sai
W.P. No.7082 of 2020
02.11.2023 (1/3)
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1 issue framed by the court
Whether the petitioner is entitled to subsistence allowances after dismissal from service through a review petition was rejected as devoid of merits.
1 provisions across 1 enactments
Dr.S.V.Rajalingha Rajah, Ph.D.
The Secretary to the Government Department of Environment and Forests
The Commissioner for Disciplinary Proceedings
R.N.MANJULA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
