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Madras High CourtWP/17950/2020disposed of

T.Thirumurthy v. Union Of India Represneted By

2025-03-19Honourable Mrs Justice V.Bhavani Subbaroyan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated: 19/3/2025 C O R A M The Hon'ble Ms.JUSTICE V.BHAVANI SUBBAROYAN Writ Petition No.17950 of 2020 a n d W.M.P.No.22260 of 2020 T. Thirumurthy ...

Petitioner Vs

1. Union of India rep. By The General Manager Chennai 600 003.

2. The Principal Chief Security Commissioner R.P.F.Southern Railway Moor Market Complex, 6th Floor Park Town Chennai 600 003.

3. The Senior Divisional Security Commissioner M.A.S Southern Railway D.R.M.Complex, 5th Floor Park Town Chennai 600 003.

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4. The Post Commander/RPF/GRD Railway Protection Force Gummidipoondi Chennai 601 201.

...

Respondents PRAYER:

Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the concerned records relating to the Charge Memo No.M/XP/227/9/2020 dated 28/11/2020 passed by the third respondent and quash the same. For petitioner ...

Mr.M.Gnanasekar For respondents ...

Mr.P.T.Ramkumar Standing Counsel - - - - -

O R D E R

This writ petition has been filed to quash the order dated 28/11/2020 passed by the third respondent in Charge Memo No.M/XP/227/9/2020.

2. Heard Mr.M.Gnanasekar, learned counsel for the petitioner and Mr.P.T.Ramkumar, learned Standing Counsel for the respondents. 2/6

3. The learned Standing Counsel appearing for the respondents would submit that after considering the provisions of Master Circular issued by Railway Board, regarding VRS Scheme and disciplinary action for major penalty initiated against the petitioner, vide Charge Memorandum dated 28/11/2020 for offence involving moral turpitude, request submitted by the petitioner for Voluntary retirement from service was not accepted by the competent authority.

4. Perused the materials available on record.

5. Considering the fact that the petitioner is about to attain superannuation on 31/3/2025, this Court direct the respondents to complete the enquiry before May 2025. The respondents are further directed to appoint same Enquiry Officer for the disciplinary proceedings initiated pursuant to Charge Memorandum dated 28/11/2020 and 3/11/2021. It is made clear that eventhough the petitioner is entitled for disbursement of terminal benefits, the same shall be decided depending on the outcome of the enquiry proceedings. The petitioner is hereby directed to co-operate 3/6

with the enquiry proceedings.

6. With the above direction, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed. 19/3/2025 mvs.

Index: Yes/No 4/6

To

1. The General Manager Union of India Chennai 600 003.

2. The Principal Chief Security Commissioner R.P.F.Southern Railway Moor Market Complex, 6th Floor Park Town Chennai 600 003.

3. The Senior Divisional Security Commissioner M.A.S Southern Railway D.R.M.Complex, 5th Floor Park Town Chennai 600 003.

4. The Post Commander/RPF/GRD Railway Protection Force Gummidipoondi Chennai 601 201.

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V.BHAVANI SUBBAROYAN,J mvs.

19/3/2025 6/6