IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.03.2010
CORAM:
THE HONOURABLE MR. JUSTICE R.SUDHAKAR
W.P.No.141 of 2006
A.P.Balakrishnan .. Petitioner
Versus
The Deputy Director of Health
Services,
Erode 9
Erode District. .. Respondent
PRAYER: Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the order dated 3.8.2004 and the consequential proceeding dated 26.10.2005 in Na.Ka.No.5004/A5/2004 of the respondent and quash the same.
For Petitioner : Mr.A.Chandrasekar
For Respondent : Mr.S.Shivashanmugam
Government Advocate
O R D E R
This writ petition has been filed by the petitioner praying to issue a Writ of Certiorari to call for the order dated 3.8.2004 and the consequential proceeding dated 26.10.2005 in Na.Ka.No.5004/A5/2004 of the respondent and quash the same.
2.The learned counsel for the petitioner states that he has no instructions in the matter. On 23.8.2006, this court dismissed M.P.No.174 of 2006 stating that the disciplinary proceedings have concluded and final order is awaited and that the petitioner has been paid the subsistence allowance from 01.01.2006. There is no stay of the proceedings. Therefore, in all probability, the disciplinary proceedings would have concluded by now. The petitioner has remedy to challenge the final order as per law.
3.The learned counsel for the petitioner states that liberty may be given to the petitioner to pursue the matter before the appellate authority if final adverse orders have been passed by the authority in the disciplinary proceedings.
4.Heard Mr.S.Shivashanmugam, learned Government Advocate.
5.If the departmental proceedings has not concluded so far, the authority is directed to conclude the proceedings and pass final orders forthwith if there are no other restraint. On the contrary if any adverse order is passed, the petitioner is entitled to challenge the same in accordance with law.
6.The writ petition has filed challenging the order of suspension and the order of rejecting the payment of subsistence allowance, does not survive at this point of time. Accordingly, no relief as prayed for can be granted and therefore, the writ petition stands disposed of with the above observations. No costs.
09.03.2010
Index : Yes/No
Internet : Yes/No
vsm
To
The Deputy Director of Health
Services,
Erode 9
Erode District.
R.SUDHAKAR, J.
vsm
W.P.No.141 of 2006
09.03.2010