Madras High CourtWA(MD)/2078/2024dismissed

The Additional Chief Secretary v. Pon Nandagopal

2024-10-29Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI and C.M.P.(MD)No.14765 of 2024 1.The Additional Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-9.

2.The Commissioner, Hindu Religious and Charitable Endowment, Uthamar Gandhi Salai, Nungampakkam, Chennai.

... Appellants / Respondents -vsPon Nandagopal ... Respondent/ Writ Petitioner PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the order dated 10.04.2023 in W.P.(MD)No.15303 of 2019. For Appellants :

Mr.S.P.Maharajan, Special Government Pleader For Respondent : Mr.R.Murali

JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.] We see no merit in the appeal. The allegation against the respondent was that he had appointed teachers hurriedly without following the due procedure.

2. The Writ Court has from the records found that the due procedure was followed and the Commissioner, Hindu Religious and Charitable Endowments Department, has also approved the appointments. The Tamil Nadu Public Service Commission which is a consultative body has also opined that there is no violation by the petitioner, if at all there is any violation, it is only a slight violation.

3. Though the charges were framed against the respondent on 28.02.2011, the respondent retired on 31.07.2012. He was also permitted to retire and his pension was also sanctioned. Now the disciplinary authority has passed an order on 03.05.2016 directing a cut in pension. The Writ Court has found that since there was no violation, the punishment handed out is not sustainable.

4. We do not see any reason to interfere with the said order. It is also seen that the Joint Commissioner who was head of the School Committee

has not been proceeded against, for the violations. The writ appeal therefore fails and it is accordingly dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [R.S.M., J.] [L.V.G., J.] 29.10.2024 NCC :Yes/No Index :Yes/No Internet: Yes Sml To 1.The Additional Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-9.

2.The Commissioner, Hindu Religious and Charitable Endowment, Uthamar Gandhi Salai, Nungampakkam, Chennai.

R.SUBRAMANIAN , J.

and L.VICTORIA GOWRI , J.

Sml 29.10.2024