N.M.Elayaperumal, v. The Secretary To Government,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.12.2017

CORAM

THE HONOURABLE MR.JUSTICE T.RAJA W.P.No.33290 of 2017 and WMP.Nos.36722 and 36723/2017 N.M.Elayaperumal ... Petitioner -vs1. The Secretary to Government, Commercial Tax and Registration Department, Fort St. George, Chennai-9.

2. The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai-28.

... Respondents Petitions under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorari, to call for the records relating to the Charge Memo No.36060/B2/2005 dated 24.06.2005 on the file of the 2nd respondent and quash the same.

For Petitioner :: Mr.D.Veerasekaran For Respondents :: Mr.RAS.Senthilvel, Addl. Govt. Pleader

ORDER

The Writ Petition is directed against the Charge Memo No.36060/B2/2005 dated 24.06.2005 issued against the petitioner by the 2nd respondent and to quash the same.

2.

The case of the petitioner is that he was selected by the Tamil Nadu Public Service Commission for the Registration Department and initially posted as Junior Assistant in the Sub-Registrar Office of Cuddalore Registration District on 09.08.1971. Subsequently, he was promoted step by step and on 17.08.1998, he was promoted as District Registrar. While he was working as District Registrar (Audit) at Palayankotai, the 2nd respondent herein issued a Charge Memo dated 24.06.2005 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in relation to the loss caused by the petitioner to the tune of Rs.2,52,843/- for the period 2000-2001 and 2001-2002 to the Government. Thereafter, based on the charge memo, one Mr.R.

Shanmugam, Deputy Inspector General, Tirunelveli was appointed to inquire the charges levelled against him, who in turn, submitted his Enquiry Report to the 2nd respondent on 23.06.2006. The 1st respondent allowed the petitioner to retire from service on 31.10.2009 A.N. without prejudice to the disciplinary proceedings pending against him. Thereafter, the 1st respondent herein communicated a copy of the Enquiry Report to the petitioner with a direction to submit further representation within 15 days from the receipt of the letter dated 28.06.2010. On receipt of the same, the petitioner also submitted his representation denying the charges with further request to drop the further course of action to the 1st respondent within the period stipulated therein. However, the 1st respondent issued another letter dated 28.03.

2014 proposing to impose punishment for which explanation has been called for within 2 weeks time.

1st respondent on 13.04.2014 to forward a copy of the said letter dated 28.03.2014. Thereafter, 1st respondent communicated the said letter to the petitioner on 29.04.2014 along with letter dated 28.03.2014. On receipt of the same, the petitioner has submitted a detailed explanation on 03.06.2014. But the 2nd respondent has not come forward to pass final orders. Therefore, the petitioner has earlier filed W.P.No.26451/2017 to quash the charge memo dated 23.10.2009 on the ground that the charge was pending for long time without passing any final orders in the disciplinary proceedings. The same was disposed of with a direction to pass final orders within four weeks on 23.10.2017. Thereafter, the present Writ Petition has been filed by the petitioner to quash the Charge Memo dated 24.06.2005.

3.

Heard the learned Counsel for the petitioner and the learned Additional Government Pleader appearing for the respondents 1 and 2. 4.

At the outset, it appears that after completion of the enquiry by the Enquiry Officer for the charge Memo issued against the petitioner dated 24.06.2005, an Enquiry Report has been submitted by the Enquiry Officer and based on the Enquiry Officer's Report, the petitioner has submitted his written representation as called for by the 2nd respondent within the stipulated period. Thereafter, for the notice proposing to impose punishment on the basis of the report of the Enquiry Officer dated 28.3.2014, the petitioner has submitted a detailed explanation on 03.06.2014. But, it appears that no final order has been

passed. Further, it appears that this Court in the earlier Writ Petition filed by the Petitioner in W.P.No.26451/2017 dated 23.10.2017, directed the Disciplinary Authority to pass final orders in the Charge Memo dated 23.10.2009 on merits within a period of four weeks from the date of receipt of a copy of that order with liberty to approach this Court for initiating departmental action against the disciplinary authority for not passing appropriate orders, taking note of the date of retirement viz., 31.10.2009.

5.

At this stage, the learned Counsel for the petitioner submitted that the petitioner would be satisfied, if a direction may be issued to the Disciplinary Authority to pass final orders in the Charge Memo dated 24.06.2005 issued by the 2nd respondent since the petitioner was permitted to retire from service subject to the result of the Disciplinary Proceedings by order dated 30.10.2009 of the 1st respondent.

6.

Under such circumstances, the 1st respondent is hereby directed to pass final orders in the Charge Memo dated 24.06.2005 issued by the 2nd respondent against the petitioner, on merits and in accordance with law, within a period of three months from the date of receipt of a copy of this Order.

7.

The Writ Petition is disposed of accordingly. No costs. Consequently, connected Miscellaneous Petitions are closed. Speaking/Non speaking order 20.12.2017 Index : yes/no tsi To

1. The Secretary to Government, Commercial Tax and Registration Department, Fort St. George, Chennai-9.

2. The Inspector General of Registration, No.100, Santhome High Road, Mylapore, Chennai-28.

T.RAJA, J.

tsi W.P.No.33290 of 2017 20.12.2017