The prayer in the Writ petition is for a Writ of Certiorarified Manadmus, calling for the records pertaining to the Impugned Order in R.No.4199/A1/2011 dated 26.09.2011, on the file of the 2nd Respondent and quash the same and consequently directing the 2nd Respondent to revoke the suspension in the light of G.O.Ms.No.40 dated 30.01.1996.
2.The short facts leading to the filing of this Writ Petition is that the petitioner is working as Technical Assistant at the Office of the second respondent. He was involved in a trap case, resultantly he was arrested and jailed for some days. In view of the same an enquiry was conducted against him. Pending enquiry, the petitioner was placed under suspension on 26.09.2011. Challenging the same, the petitioner has come out with the present writ petition with the aforesaid prayer.
3.Though the learned counsel appearing for the petitioner has canvassed the merits of the case seeking interference of this Court in the impugned order dated 26.09.2011, Mr.V.Muruganantham, the learned Additional Government Pleader appearing for the respondents has produced a copy of G.O.(D) No.1144 Health and Family Welfare (D1) Department dated 31.10.2014. A perusal of the same would show that an enquiry was conducted against the petitioner and on proven charges of getting illegal gratification, the Government decided to impose the punishment of Compulsory Retirement on the petitioner and accordingly the same has been inflicted on him by the said G.O.(D) No.1144 dated 31.10.2014 and copy of the same has already been served on the petitioner on 18.11.2014. The operative portion of the said G.O. reads thus:
?6.The Government further examined the case carefully and independently along with the view of Tamil Nadu Public Service Commission. It is stated that Thiru.P.Machakalai has himself admitted that he had received the amount of Rs.1300/- and kept the same under the stamp pad used by him. Further, witness Thiru.Senthilkumar was asked to verify the money during the trap proceedings, who verified that numbers on the currency notes which tallied with those of the notes received by the delinquent officer from the complainant. Therefore, the Government have decided to confirm the provisional decision taken to impose a punishment of compulsory retirement on Thiru.P.Machakalai. Accordingly, the Government do and hereby order that the punishment of compulsory retirement be imposed on Thiru.P.Machakalai, formerly Technical Personal Assistant, Office of the Deputy Director of Health Services, Madurai for the proven charge of demand and acceptance of bribe.
7. A copy of the letter seventh read above, containing the view of Tamil Nadu Public Service Commission is communicated to Thiru.P.Machakalai along with this order.?
In view of the final order passed, where the petitioner was inflicted punishment of compulsory retirement, the challenge made in this Writ Petition has no effect and therefore, the same need not be gone into at this juncture.
4.In the result, by recording the Government Order in G.O.(D). No.1144 Health and Family Welfare (D1) Department dated 31.10.2014, this Writ Petition is disposed of as no further order is required on merits on the issue raised in this writ petition. No costs. Consequently, connected Miscellaneous Petition is closed.
To
1.The Director of Health Services, Madurai, Madurai District.
2.The Deputy Director of Health Services, Madurai, Madurai District.
3.The Inspector of Police, Vigilance and Anticorruption, Madurai District..