1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 02.02.2011 CORAM: THE HONOURABLE MR.JUSTICE N.PAUL VASANTHAKUMAR AND THE HONOURABLE MR.JUSTICE R.SUBBIAH W.A.(MD).No.135 of 2011 and M.P.No.1 of 2011 M.Ramasubramanian : Appellant Vs. 1.Senior Divisional Manager, Disciplinary Authority, LIC of India, Divisional Office, Jeevan Prakash, P.B.No.183, Tirunelveli 2. 2.Pounraj, Enquiry Officer, S.R.No.511669, Manager (PMR/HI), LIC of India, Jeevan Prakash, P.B.No.183, Tirunelveli 2. : Respondents PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 18.11.2010 made in W.P.(MD).No.4266 of 2010 on the file of this Court. Prayer in WP(MD)No.4266 of 2010 : Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ Certiorari, calling for the records relating to the proceedings in charge sheet dated 18.02.2009 and all further proceedings and quash the same as illegal. For Appellant : Mr.K.Srinivasan Senior Counsel For Mr.M.P.Senthil For Respondents : Mr.G.Prabhu Raja Durai JUDGMENT [Judgment of the Court was delivered BY N.PAUL VASANTHAKUMAR, J] This Writ Appeal is directed against the order dated 18.11.2010 made in W.P.(MD).No.4266 of 2010. 2. The appellant herein filed the said Writ Petition challenging the charge memo dated 18.02.2009 issued against him by the first respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 3. A learned Single Judge, by order dated 18.11.2010, having noticed that the examination of all the witnesses are over in the Criminal Case in C.C.No.15 of 2009, except the Investigating Officer and the charge memo having been issued for other allegations and taking note of the completion of departmental enquiry and submission of enquiry report on 13.02.2010, dismissed the Writ Petition. 4. In our considered opinion, since the enquiry is already over and the proof required in the criminal case and the departmental proceedings is different, as per the settled principle of law, the dismissal of the Writ Petition cannot be found fault with. However, it is made clear that all the issues raised in the Writ Petition before the learned Single Judge are left open to be raised by the appellant after the final order is passed by the first respondent. The Writ Appeal is dismissed with the above observations. No costs. Consequently, connected Miscellaneous Petition is also dismissed. Sd/- Deputy Registrar(LA) /True Copy/ Assistant Registrar To 1.The Senior Divisional Manager, Disciplinary Authority, LIC of India, Divisional Office, Jeevan Prakash, P.B.No.183, Tirunelveli 2. 2.The Enquiry Officer, S.R.No.511669, Manager (PMR/HI), LIC of India, Jeevan Prakash, P.B.No.183, Tirunelveli 2. +1cc to Mr.M.P.Senthil, Advocate Sr.No.4084 NB akm/17.02.11 /2p-4c/ JUDGMENT MADE IN W.A.(MD).No.135 of 2011 02.02.2011 https://hcservices.ecourts.gov.in/hcservices/