The Director Of Municipal ... vs S.Raja
2021 Latest Caselaw 13728 Mad

                                                                                W.A.No.517 of 2021

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                     DATED: 09.07.2021

                                                         CORAM

                              THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA
                                                    AND
                                THE HON'BLE MR.JUSTICE KRISHNAN RAMASAMY

                                                    W.A.No.517 of 2021
                                                 and CMP No.2038 of 2021

                     The Director of Municipal Administration,
                     Ezhilagam, Chepauk,
                     Chennai – 600 005                                               ... Appellant

                                                            Vs.

                     S.Raja                                                       .... Respondent

                     Prayer: Writ Appeal filed under clause 15 of Letter Patents Act, filed praying
                     to set aside the final order dated 11.03.2016 in W.P.No.9084 of 2016 passed by
                     the learned Single Judge.
                                     For Appellant       : Mr.R.Neelakantan
                                                          State Government Counsel

                                     For Respondent      :Mr.T.Dharani



                                                       JUDGMENT

(delivered by MRS.PUSHPA SATHYANARAYANA.J.,)

The writ appeal is directed against the order passed by the learned

Single Judge in W.P.No.9084 of 2016 dated 11.03.2016.

https://www.mhc.tn.gov.in/judis/ W.A.No.517 of 2021

2. The writ petitioner was a Sanitary Officer in Tiruvarur Municipality.

He was arrested in connection with a case registered in Cr.No.8/2010 on

06.08.2010 for the offence punishable under Section 7 of Prevention of

Corruption Act, 1988. Later he was granted bail by the Judicial Magistrate,

Tiruvarur. In view of the above, the writ petitioner was suspended by the

appellant on 09.08.2010 in ROC No.37851/2010/OP3-1. The said order of

suspension is under challenge in W.P.No.9084 of 2016.

3. The writ Court, after hearing both sides, gave a direction to reinstate

the writ petitioner in any non-sensitive post placing reliance on the judgment in

Ajay Kumar Choudhary vs Union of India reported in 2015(7) SCC 291.

Aggrieved over the same, the present appeal has been preferred.

4. This Court had directed the learned Government Counsel to place the

status of the disciplinary proceedings as well as the criminal case pending

against the writ petitioner.

5. Today, the learned Government Counsel, on instructions, stated that

the writ petitioner was convicted in the criminal case and judgment was

https://www.mhc.tn.gov.in/judis/ W.A.No.517 of 2021

pronounced in Spl.C.C.No.13/2012 by the learned Chief Judicial Magistrate

and Special Judge, Tiruvarur on 30.01.2020. Based on the said order of

conviction, the appellant, in Proceedings of the Commissioner of Municipal

Administration, Chennai – 28 in ROC No.37851/2010/V2 dated 03.11.2020,

had removed the writ petitioner from service as per Rule 3 of the Tamil Nadu

Municipal Public Health Service (Discipline and Appeal) Regulations 1973

with effect from the date of his conviction i.e., on 30.01.2020.

6. In view of the subsequent development, the respondent has to

challenge the order of dismissal, if he is so advised.

7. In view of the above, nothing survives for adjudication in the writ

appeal. Hence, the writ appeal is dismissed. No costs. Consequently, connected

miscellaneous petition is closed.

(P.S.N.J.,) (K.R.J.,) 09.07.2021 sr

Index:yes/no

https://www.mhc.tn.gov.in/judis/ W.A.No.517 of 2021

PUSHPA SATHYANARAYANA.J., AND KRISHNAN RAMASAMY.J.,

sr

W.A.No.517 of 2021

09.07.2021

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