Madras High CourtWP(MD)/6171/2017disposed of

C.Senthil Vel, S/O.Chinnaiah v. The District Collector

2017-04-07Honourable Mr Justice S.S. Sundar2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.04.2017

CORAM

THE HONOURABLE MR.JUSTICE S.S.SUNDAR W.P.(MD).No.6171 of 2017 and W.M.P.(MD)Nos.4862 & 4863 of 2017 C.Senthil Vel ..Petitioner Vs.

The District Collector, Pudukottai.

.. Respondent PRAYER : Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records of the respondent in R.C.No.10203/2015/P1(Dev), dated 31.12.2015 and quash the same and direct him to disburse the retirement benefits of the petitioner with interest. For Petitioner : Mr.P.Ganapathi Subramanian For Respondent : Mr.J.Gunaseelan Muthaiah, Government Advocate.

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O R D E R

This Writ petition has been filed by the petitioner for issuance of a Writ of Certiorarified Mandamus, calling for the records of the respondent in R.C.No.10203/2015/P1(Dev), dated 31.12.2015 and quash the same and direct him to disburse the retirement benefits of the petitioner with interest.

2. Heard the learned counsel appearing for the petitioner and the learned Government Advocate appearing for the respondent.

3. Mr.J.Gunaseelan Muthaiah, learned Government Advocate, takes notice for the respondent. By consent, the Writ petition itself is taken up for final disposal.

4. The fact that a Charge Sheet has been issued to the petitioner is not in dispute. After participating in the enquiry, the petitioner has filed the present Writ petition, challenging https://hcservices.ecourts.gov.in/hcservices/

the order retaining the petitioner in service. The petitioner has raised a ground that he cannot be placed under suspension at the verge of retirement and that therefore, the impugned order is illegal. The other ground is that he has not committed any irregularities alleged against him and he cannot be mulcted with any sort of liability.

5. This Court is not inclined to go into the merits of the allegations for the present. However, no ground is made out to invalidate the impugned order as illegal. By the impugned order, the petitioner is retained in service until inquiry into charges levelled against him are concluded by the competent authority. Inquiry into grave charges for misappropriation funds is pending. No merits in this Writ petition. Hence, the Writ petition is dismissed. No costs. Consequently, connected Miscellaneous petitions are closed.

Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To The District Collector, Pudukottai.

+1 cc to Special Government Pleader in SR.No:51229 pmu AE/RR/24.04.2017/2P/3C ORDER MADE IN W.P.(MD).No.6171 of 2017 and W.M.P.(MD)Nos.4862 & 4863 of 2017 07.04.2017 https://hcservices.ecourts.gov.in/hcservices/