K.S.Murugesan v. The State Of Tamil Nadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.04.2025

CORAM

THE HON'BLE MR.JUSTICE C.V.KARTHIKEYAN AND WMP NO.12395 OF 2025 K.S.Murugesan ...

Petitioner VS.

1.The State of Tamil Nadu Rep. By its Secretary to Government Rural Development and Panchayat Raj Dept., Secretariat, Chennai - 600 009.

2.The Commissioner / Director of Rural Development and Panchayat Raj Chennai - 600 015.

3.The District Collector Development Wing, Tirupathur District, Tirupathur.

...

Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the records of the 3rd respondent in Na.Ka.Pa.A1/5705/2021 dated 07.03.2023 quash the same and consequently direct the respondents to 1/5

allow the petitioner to retire from service on attaining the age of superannuation on 30.04.2023 with consequential service and monetary benefits including selection grade.

For Petitioner :

Mr.T.Dharani For Respondents :

Mr.V.Nanmaran Additional Government Pleader

O R D E R

This Writ Petition has been filed in the nature of a Certiorarified Mandamus, seeking records relating to the Proceedings in Na.Ka.Pa.A1/5705/2021 dated 07.03.2023 on the file of the third respondent and permit the petitioner to retire from service on attaining the age of superannuation on 30.04.2023.

2.The petitioner had been placed under suspension and was not permitted to retire upon attaining the age of superannuation, pending disciplinary proceedings. The third respondent had conducted the disciplinary proceedings. It is now informed that the disciplinary proceedings have been completed and a report has been forwarded to the first respondent. The first respondent has issued a further notice to the petitioner seeking his explanation, which the petitioner has also 2/5

provided. Now, the duty is cast upon the first respondent to pass orders on the explanation submitted by the petitioner. Consciously, I am not expressing any opinion on the facts, as the matter is under active consideration by the first respondent.

3.Suffice it to point out that the petitioner had filed a writ petition challenging the charge memo issued by the third respondent. Subsequently, an enquiry was conducted and the matter is now under the consideration of the first respondent. The charge was with respect to commission of certain irregularities while the petitioner was serving as Assistant in the Kandhili Panchayat Union in Tirupathur District, with respect to the installation of 134 Solar Street Lights under the Grant provided by the Central Furtherance Commission for the year 2020-2021. 4.A direction is issued to the first respondent to pass appropriate orders based on the explanation given by the petitioner within a period of six weeks from the date of receipt of a copy of this order.

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5.The writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 01.04.2025 Index : Yes / No : Yes / No Speaking Order : Yes / No TK To 1.The Secretary to Government Rural Development and Panchayat Raj Dept., Secretariat, Chennai - 600 009.

2.The Commissioner / Director of Rural Development and Panchayat Raj Chennai - 600 015.

3.The District Collector Development Wing, Tirupathur District, Tirupathur.

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C.V.KARTHIKEYAN, J.

TK 01.04.2025 5/5