Madras High Court
The Government Of Tamil Nadu vs K.Devaki on 3 July, 2023
Writ Appeal No.3595 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 03.07.2023
CORAM
THE HONOURABLE MR. JUSTICE R.SURESH KUMAR
AND
THE HONOURABLE MR. JUSTICE K.KUMARESH BABU
Writ Appeal No.3595 of 2019
and C.M.P.No.23113 of 2019
The Government of Tamil Nadu,
rep. By its Secretary to Government,
Health and Family Welfare Department,
Fort St.George, Chennai – 600 009. ... Appellant/ respondent
Vs
K.Devaki ... Respondent
PRAYER: Writ Appeal filed under Clause 15 of Letters Pattern to set
aside the order dated 31.10.2011 made in W.P.No.19831 of 2008 and
allow this writ appeal.
For Appellant : Mr.M.Murali
Government Advocate
For Respondent : No appearance
JUDGMENT
(Judgement of the Court was made by Mr.R.SURESH KUMAR.,J.)
This Writ Appeal has been directed against the order passed by the
Writ Court dated 31.10.2011 made in W.P.No.19831 of 2008.
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Writ Appeal No.3595 of 2019
2. The respondent was an employee under the appellant
Department against whom charge memo has been framed that was under
challenge before the Writ Court.
3. The learned single Judge, who dealt with the said matter had
stated the reasons that already a co-delinquent against whom also similar
charges were framed and that was under challenge in W.P.No.17797 of
2008, which was allowed by the very same Judge by order dated
28.04.2009 in the matter of R.Pavirusan Vs.The Government of Tamil
Nadu and Anr. In fact, that order passed by the Writ Court was
challenged before the Division Bench by way of intra-court appeal in
W.A.No.1572 of 2009 and the Division Bench also having upheld the
order of the learned single Judge, had dismissed the Writ Appeal.
4. Insofar as the present respondent is concerned, who is a co-
delinquent had also approached the Writ Court by filing the writ petition
in W.P.No.19831 of 2008 challenging the said charge memo. The learned
single Judge, who dealt with the matter having taken note of the earlier
order passed by himself in the Writ Court allowing the writ petition filed
by the co-delinquent, which was also confirmed by the Division Bench as
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Writ Appeal No.3595 of 2019
stated supra, was pleased to allow this writ petition also by order dated
31.10.2011, against which, the present writ appeal has been filed.
5. We have heard the learned Government Advocate appearing on
behalf of the appellant. Though the notice has not been served on the
respondent/employee, in view of the order that is going to be passed in
this writ appeal notice to the respondent is dispensed with.
6. The learned Government Advocate submitted that the said writ
appeal filed by the Department was dismissed on the ground that the co-
delinquent was permitted to retire from service and therefore, it had
become infructuous and accordingly, it was dismissed.
7. We have considered the said submission made by the learned
Government Advocate appearing on behalf of the appellant. Insofar as
this case is concerned, it makes no different as this respondent also had
attained superannuation and therefore, the question of conducting any
enquiry against the retired employee at this juncture does not arise.
Moreover, once the co-delinquent charge is quashed by the order of this
Court, which has been confirmed by the Division Bench, there is no
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Writ Appeal No.3595 of 2019
scope for conducting any enquiry against another delinquent
independently. Therefore, on that ground we feel that the said order
passed by the learned single Judge, which is impugned herein is to be
accepted.
Accordingly, this writ appeal fails hence, it is dismissed. No costs.
Connected miscellaneous petition is closed.
(R.S.K.,J.) (K.B., J.)
03.07.2023
Index: Yes/No
Speaking Order/Non Speaking Order
Neutral Citation:Yes/No
mp
To
The Secretary to Government,
Health and Family Welfare Department,
Fort St.George, Chennai – 600 009.
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Writ Appeal No.3595 of 2019
R.SURESH KUMAR., J.
and
K.KUMARESH BABU.,J.
mp
Writ Appeal No.3595 of 2019
03.07.2023
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