Dismissed

K.Sekar, v. the District Educational Officer

Madras HC1 Jul 2024WA(MD)/165/2020

Case brief

AI extract

What is this about?

In a letters patent appeal challenging the disposal of a writ petition as infructuous due to deemed reinstatement, the Madras High Court observed that the appellant had been dismissed from service while the writ was pending. Since no cause of action survived, the writ appeal was closed.

What did the court decide?

The writ appeal was closed as no cause of action survived the dismissal of the appellant.

K.Sekar, Vs the District Educational Officer — Service and Employment | Madras HC (2024)

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W.A.(MD) No.165 of 2020

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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

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DATED : 01.07.2024

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CORAM

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JUSTICE N. SESHASAYEE

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and

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JUSTICE P.VADAMALAI

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W.A.(MD) No.165 of 2020

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K.Sekar

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... Appellant/ Petitioner

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Vs.

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1.The District Educational Officer, School Education Department, Kumbakonam, Thanjavur District.

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2.The Secretary, Town Higher Secondary School, Kumbakonam, Thanjavur District.

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3.The Head Master, Town Higher Secondary School, Kumbakonam, Thanjavur District.

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... Respondents/ Respondents

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Page 1 of 4

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https://www.mhc.tn.gov.in/judis

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W.A.(MD) No.165 of 2020

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Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated

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Prayer: Appeal filed under Clause 15 of Letters Patent against the order dated 21.08.2019 made in W.P.(MD) No.5546 of 2015 on the file of this Court.

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For Appellant : Mr.S.Chellapandian For R1 : Mr.D.Sadiq Raja Additional Government Pleader For RR2 & 3 : Mr.T.Antony Arul Raj

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JUDGMENT

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(Judgment of the Court was delivered by N.Seshasayee, J.)

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In a departmental proceedings, the appellant was suspended pending enquiry.

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That came to be challenged by the appellant before the learned Single Judge in W.P.(MD) No.5546 of 2015. Since the appellant was reinstated pursuant to an interim order passed by the learned Single Judge, as a result of which the order of suspension earlier passed by the respondent lapsed, the writ petition came to be disposed as having become infructuous.. This is now under challenge in this appeal.

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_________Page 2 of 4

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https://www.mhc.tn.gov.in/judis

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W.A.(MD) No.165 of 2020

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While the learned counsel for the appellant seeks some time, the learned Additional Government Pleader appearing for the first respondent would inform the Court that during the pendency of this proceedings, the departmental enquiry had completed and the appellant had since been dismissed from service. And he challenged the same in an intra-departmental appeal.

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Very obviously, nothing survives in the writ appeal. Accordingly, this Writ Appeal is closed. No costs.

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(N.S.S., J.) (P.V.M., J.) 01 .07.2024 NCC : Yes/No Index : Yes/No Internet : Yes ABR To

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The District Educational Officer, School Education Department, Kumbakonam, Thanjavur District.

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_________Page 3 of 4

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https://www.mhc.tn.gov.in/judis

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W.A.(MD) No.165 of 2020

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N. SESHASAYEE, J. and P.VADAMALAI, J.

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ABR

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W.A.(MD) No.165 of 2020

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01.07.2024

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_________Page 4 of 4

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https://www.mhc.tn.gov.in/judis

K.Sekar, v. the District Educational Officer

Case brief

What is this about?

What did the court decide?

K.Sekar, v. the District Educational Officer

Case brief

What is this about?

What did the court decide?

What the court decided

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