Research › Search › Judgment

Madras High Court · body

2004 DIGILAW 1686 (MAD)

The Government of Tamil Nadu rep. by the Secretary to Government & Another v. A. Azeez John & Another

2004-12-10

ASHOK KUMAR, P.K.MISRA

body2004
Judgment :- P.K. Misra, J. Heard Mr.S.Gomathinayagam, learned counsel for the petitioner. 2. The present Writ Petition filed by the State of Tamil Nadu is against the order dated 30.4.2002 in O.A.No.3430 of 1999 passed by the Tamil Nadu Administrative Tribunal. As a matter of fact, the impugned order passed in the present Original Application is merely consequential in nature. 3. It seems that three charge memos had been issued against the present Respondent No.1 and three separate Original Applications were filed by the employee before the Tribunal, challenging the said three charge memos. Those applications were allowed by the Tribunal by different orders dated 29.4.2002 in O.A.No.3694 of 2001, 5.4.2002 in O.A.No.7510 of 1999 and 29.4.2002 in O.A.No.6016 of 2000. 4. In the present impugned order dated 30.4.2002, the Tribunal has stated that since the charges have been already quashed and the employee had already reached the age of superannuation on 30.11.1998, the order of suspension had become infructuous and therefore the consequential order was only passed for giving the service benefits. As a matter of fact, since the above four orders were not implemented by a State Government, the present Respondent No.1 had filed W.P.Nos.27902 to 27905 of 2004 for challenging the orders passed by the Tribunal. Those matters were taken up by a learned Single Judge of this Court and after hearing both sides, by an order dated 09.11.2004, the learned Single Judge had issued a direction for implementation of the various orders within a period of 12 weeks from the date of receipt of the said order. The present Writ Petition has been filed only on 3rd December 2004. As already indicated, the present Writ Petition is only against the order dated 30.4.2002 in O.A.No.3430 of 1999 which was merely a consequential order. The main orders have not been challenged. Even though more than two years and 7 months have elapsed in the mean time, no explanation has been furnished in the Writ Petition explaining the laches. 5. In view of the above, and particularly in view of the fact that the earlier orders of the Tribunal have not been challenged, the present Writ Petition is liable to be dismissed. The connected W.P.M.P.No.43794 of 2004 is closed.