IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated 11.2.2010 CORAM THE HONOURABLE MR.JUSTICE R.SUDHAKAR Writ Petition No.2124 of 2007 S.Sivasankaran ... Applicant -Vs.- Commissioner of Municipal Administration, Chennai-600 005. ... Respondent Original Application No.5384 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to quash the show cause notice issued in Roc.No.54418/96/OP3 dated 7.7.1999 by the respondent for dismissal from service. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. For petitioner : Mr.A.Bobble For respondent : Mr.S.Sivashanmugam Government Advocate. O R D E R Original Application No.5384 of 1999 was filed before the Tamil Nadu Administrative Tribunal, Madras Bench praying to quash the show cause notice issued in Roc.No.54418/96/OP3 dated 7.7.1999 by the respondent for dismissal from service. Since the Tamil Nadu Administrative Tribunal was abolished, the O.A. was received by transfer and numbered as Writ Petition. 2. The petitioner/applicant, while working as Assistant in the Arupukottai Municipality, was arrested by the Vigilance and Anti- corruption Department on 28.10.1992. Consequently, on 30.10.1992 he was placed under suspension. Challenging the order of suspension petitioner filed O.A.No.3087 of 1993 before the Tribunal. The order of suspension was set aside and he was reinstated into service. Then a criminal case was filed in C.C.No.384 of 1997 before the Additional Sessions Judge-cum- Judicial Magistrate, Srivilliputtur. In the Criminal case, he was found guilty and was punished as follows:- https://hcservices.ecourts.gov.in/hcservices/ "Three years imprisonment and fine of Rs.10,000/-" Petitioner preferred an appeal in C.A.No.77 of 1999 before this Court. He was released on bail. In the meanwhile, show cause notice was issued on 7.7.1999 calling upon the petitioner to show cause as to why he should not be dismissed from service. The said show cause notice is now under challenge in the Original Application filed in the year 1999. 3. At this point of time learned counsel for the petitioner is unable to state the present status of the criminal appeal. In any event, the original application/writ petition has been filed against the show cause notice which is not maintainable as such. Petitioner can, however, make a representation to the appropriate authority for revocation of the show cause notice, if there is a favourable order in the criminal appeal said to have been filed against the finding of guilt by the criminal court. Such representation shall be considered and disposed off on merits and in accordance with law. This Court is not inclined to go into the merits of the show cause notice at this point of time. The Writ Petition stands disposed off on the above terms. No costs. Sd/- Asst.Registrar. /true copy/ Sub Asst.Registrar. ts To Commissioner of Municipal Administration, Chennai-600 005. W.P.No.2124 of 2007 AKR (CO) kk 22/2 https://hcservices.ecourts.gov.in/hcservices/