WP(MD). No.10816 of 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 25/03/2026 CORAM THE HON'BLE MR. JUSTICE MUMMINENI SUDHEER KUMAR WP(MD). No.10816 of 2023 and WMP(MD)No.9496 of 2023 Ravindran. N. ... Petitioner Vs. 1. The Commissioner, Madurai Corporation, Madurai.. 2. The Assistant Commissioner, Region - 4(South ) , Madurai Corporation , Madurai. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari to call for the records pertaining to the impugned order passed by the 2nd respondent herein in Ma4A1/006063 / 2022 dated 20.02.2023 and quash the same as illegal. For Petitioner : Mr. Sarvagan Prabhu. S For Respondents : Mr.K.K.Kannan 1/5 https://www.mhc.tn.gov.in/judis WP(MD). No.10816 of 2023 ORDER The petitioner has challenged the impugned proceedings dated 20.02.2023 issued by the second respondent giving effect to the punishment that was already suffered by the petitioner vide proceedings No.A2(MaNi10)/017044/21 Dated 23.05.2022. 2. Through the said proceeding stated 23.05.2022, the petitioner was inflicted with punishment of stoppage of increment for 6 months without cumulative effect and for 5 years with cumulative effect. Aggrieved by the said proceedings and punishment, the petitioner stated to have filed an appeal before the Appellate committee and the same is pending. While so, the impugned proceeding came to be issued giving effect to the said punishment suffered by the petitioner. As the said punishment spreads over 5 years from 23.05.2022 and the petitioner was due for retirement on 30/6/2025, the remaining portion of punishment for 2 years is sought to be converted into the shape of money and the amounts are sought to be recovered in installments. 2/5 https://www.mhc.tn.gov.in/judis WP(MD). No.10816 of 2023 3.From the above, it is evident that the impugned proceeding is a simple consequential proceeding pursuant to the proceedings dated 23.05.2022 whereby the petitioner suffered the punishment. So long the said punishment is operating, the petitioner cannot raise any objection in giving effect to the same. Though the petitioner claimed to have filed an appeal and there was a provision for obtaining interim stay, admittedly no stay is obtained by the petitioner. Hence, this Court does not find any error or illegality in the impugned proceedings. 4. The contentions raised by the learned counsel for the petitioner by placing reliance on Rule 8(iii) of Tamil Nadu Civil Servants (Appeal and Discipline) Rules, 1955, is concerned, in the considered view of this Court, the said contention may be a valid contention in an appeal filed against the punishment suffered by the petitioner, but the same cannot be a ground to interfere with the impugned proceedings. 5. In the light of the above, this Court does not see any merit in this writ petition and the same is accordingly dismissed. Since the main 3/5 https://www.mhc.tn.gov.in/judis WP(MD). No.10816 of 2023 writ petition itself is dismissed, WMP(MD)No.9496 filed for stay and WMP(MD)No.17829 of 2024 filed for vacating stay are also closed. However, it is made clear that it is open for the petitioner to pursue either the appeal that is pending before the Appellate Committee or to take appropriate steps against the proceedings dated 23.05.2022 whereby the punishment was inflicted on the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 25.03.2026 Index : Yes/No Internet : Yes/No CM TO 1. The Commissioner, Madurai Corporation, Madurai.. 2. The Assistant Commissioner, Region - 4(South ) , Madurai Corporation , Madurai.. 4/5 https://www.mhc.tn.gov.in/judis WP(MD). No.10816 of 2023 MUMMINENI SUDHEER KUMAR,J CM WP(MD). No.10816 of 2023 and WMP(MD)No.9496 of 2023 Date : 25/03/2026 5/5 https://www.mhc.tn.gov.in/judis