Petitioner challenged a suspension order with a prayer for reinstatement. The High Court dismissed the writ petition as infructuous because the respondents had already passed a final order awarding compulsory retirement with superannuation benefits.
Writ Petition dismissed as infructuous; connected Miscellaneous petition closed. No costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.No.18046 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19.02.2024
CORAM
THE HON'BLE MR.JUSTICE BATTU DEVANAND
W.P.No.18046 of 2018 and WMP.No.21331 of 2018
V.Rajendran
...Petitioner
Vs.
Egmore, Chennai – 600 008.
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W.P.No.18046 of 2018
Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records of the 1st respondent relating to his Order of Suspension in RO/COIM/HRD/D/AD/ 2017-2018/328, dated 28.2.2018 quash the said order and to direct the respondents to reinstate the petitioner in service.
For Petitioner : Mr.P.Jagadeesan
For Respondents : Mr.G.B.Pranav Sriram for M/s.T.S.Gopalan & Co
O R D E R
The petitioner has come up with this Writ petition seeking quashment
of the Order of Suspension in RO/COIM/HRD/D/AD/2017-2018/328 dated 28.02.2018 passed by the 1st respondent and for a consequential direction to
the respondents to reinstate the petitioner back into service.
appearing for the respondents and perused the material documents placed on record.
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W.P.No.18046 of 2018
respondents placed a copy of the final order dated 25.02.2019 wherein the
respondents have passed the following order as against the petitioner.
“Therefore, I award the following consolidated Punishment to Mr.Rajendran V.
“Be compulsorily retired with superannuation benefits i.e. Pension and/or Provident Fund and Gratuity as would be due otherwise under the Rules or Regulations prevailing at the relevant time and without disqualification from future employment, in terms of Clause no.6(c) of Memorandum of settlement dated 10.04.2002 and amendment thereto.”
Further, Mr.Rajndran V will not be eligible for any salary, allowances etc., for the period of suspension except what has already been paid as subsistence allowance and the period of spent under suspension will not be taken into account for any purpose whatsoever.
the respondents as against the petitioner, this Court is of the view that nothing survives for further adjudication in the present Writ petition filed as against the suspension order passed by the 1st respondent.
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19.02.2024
skt Index : Yes/No NCC : Yes/No Speaking order : Yes/No
To
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W.P.No.18046 of 2018
BATTU DEVANAND, J.
skt
W.P.No.18046 of 2018 and WMP.No.21331 of 2018
19.02.2024
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1 issue framed by the court
Whether the Writ Petition seeking quashment of the suspension order survives after the passing of a final punishment order awarding mandatory retirement.
V. Rajendran
Senior Regional Manager, Central Bank of India
Zonal Manager, Zonal Office, Central Bank of India
Branch Manager, Central Bank of India
Disciplinary Authority / Chief Manager, Central Bank of India
Battu Devanand
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
