A.V.Nagarajan, v. The Agricultural Production

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 18.11.2016

CORAM

THE HON'BLE MR.JUSTICE M.S.RAMESH W.P.No.18343 of 2013 and M.P.No.1 of 2013 A.V.Nagarajan .. Petitioner Vs 1.The Agricultural Production Commissioner And Secretary to Government, Agricultural Department, Fort St.George, Chennai-9.

2.The Additional Director of Agricultural (Plan), 3.The Commissioner, 4.The Commissioner, The Tribunal for Disciplinary Proceedings, Kuralagam Building, Chennai 108.

.. Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus calling for the records relating to the proceedings of the Additional Director of Agriculture (P&M), Chepauk, Chennai-5 in issuing the retention order in Proc.No.VCS/3/130426/1999 dated 22.06.2012 and suspension order in Proc.No.VCS3/130426/2009 (1) dated 01.10.2009 and TDP Case No.8/2011 dated on 12.01.2012 by the 4th respondent and quash the same and direct the respondents to disburse the terminal benefit of the petitioner with interest @ 18% within the short date. For Petitioner : Ms.C.Sridevi For Respondents : Mr.R.Govindasamy Spl.Govt.Pleader

O R D E R

Challenging the disciplinary proceedings, the petitioner is before this Court.

2. Today, when the writ petition is taken up for hearing, the learned Special Government Pleader would submit that pending the writ petition, the disciplinary proceedings against the petitioner, after enquiry, was concluded and consequently, all the retirement benefits have also been settled in favour of the petitioner, which includes the adjustment of the housing loan arrears. He would further submit that as on date there is no amount pending towards the housing loan.

3. Under such circumstances, it would be appropriate to direct the respondent to release the Housing loan documents which have been retained by them, in view of the fact that the said loan has been settled. Accordingly, the petitioner is directed to make a representation seeking for return of the housing loan documents within two weeks from the date of receipt of a copy of this order. On receipt of such representation, the respondent shall consider the same and release the housing documents within a period of two weeks thereafter. The petitioner is also at liberty to claim interest for the belated period of DCRG, if he is so advised.

With the above direction, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar kkd To 1.The Agricultural Production Commissioner And Secretary to Government, Agricultural Department, Fort St.George, Chennai-9.

2.The Additional Director of Agricultural (Plan),

3.The Commissioner, 4.The Commissioner, The Tribunal for Disciplinary Proceedings, Kuralagam Building, Chennai 108.

+1cc to Mr.G. Sridevi, Advocate, S.R.No.67199 +1cc to the Government Pleader, S.R.No.67503 rk(CO) md(21/12/2016) W.P.No.18343 of 2013 and M.P.No.1 of 2013