G.Pandurangan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.11.2020

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. NO.3980 OF 2014 G.Pandurangan

...Petitioner

-vs -

1. The District Collector, Villupuram, Villupuram District.

2. The Sub-Collector, Tirukoilur, Villupuram District.

3. The Tahsildar, Ulundurpet, Villupuram District.

...Respondents

Prayer : Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus by calling for the records on the file of the second respondent relating to orders in (1) Pro. No.A1/7187/2008, dated 29.02.2012 (order of suspension) (2) Proc. Roc. No.A1/7187/2008, dated 29.02.2012 (order not permitting to retire), to quash the same and issue consequential directions to the respondents to permit the petitioner to retire on 29.02.2012 A.N. without any condition and with all consequential pensionary and retirement benefits and disburse the monetary benefits thereof.

For Petitioner : Mr.M.Ravi For Respondents : Mr.A.N.Thambidurai Special Government Pleader

ORDER

(This case has been heard through video conference) This Writ Petition has been filed to quash two Proceedings of Rc. No.A1/7187/2008, dated 29.02.2012, one order for suspension and another order not permitting the petitioner to retire from service on the date of superannuation, both issued by the 2nd respondent and for consequential direction to disburse the retiral / monetary benefits due to him.

2. It is the case of the petitioner that he worked as Village Administrative Officer, Mattigai Village, Ulundurpet Taluk, Villupuram District. Owing to some allegation against him, in the year 1993, he was kept under suspension by the second respondent and on the date of his superannuation, he was not allowed to retire from service. Hence, he submitted a representation, dated 15.11.2013 to the first respondent seeking revocation of his suspension and to accord permission for retirement from service on 29.02.2012 A.N. with all pensionary and retirement benefits. As the said representation was not considered, the petitioner is before this Court.

3. The learned counsel for the petitioner would submit that without verifying the stage of the criminal case against the petitioner registered in the year 1993, the respondents have initiated disciplinary proceedings against the petitioner on the date of his retirement. Hence, he prays for an appropriate direction to the respondents to complete the said disciplinary proceedings and to disburse the retirement benefits due to the petitioner, within a time frame as stipulated by this Court.

4. Mr.A.N.Thambidurai, learned Special Government Pleader fairly conceded with the submissions of the learned counsel for the petitioner and for issuance of a direction to the respondents to complete the disciplinary proceedings within a time frame fixed by this Court.

5. In view of the stand taken by the learned counsel on either side, this Court, without going into the merits of the issue, directs the respondents to complete the disciplinary proceedings against the petitioner, within a period of six months from the date of receipt of a copy of this order, in accordance with law.

6. With the above direction, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) // True Copy// Sub Assistant Registrar vsi2

To

1. The District Collector, Villupuram, Villupuram District.

2. The Sub-Collector, Tirukoilur, Villupuram District.

3. The Tahsildar, Ulundurpet, Villupuram District.

+1cc to Government Pleader, SR.No.35407 W.P. No.3980 of 2014 RR(CO) KKV/11/12/2020