Madras High CourtWP(MD)/16873/2022dismissed

Ganesan.R v. The Director Of Agriculture

2022-09-14Honourable Mr Justice G.R.Swaminathan4 pages

1 W.P.(MD)NO.16873 OF 2022 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.09.2022

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16873 of 2022 and W.M.P.(MD)Nos.12285 & 12288 of 2022 R.Ganesan ... Petitioner Vs.

1. The Director of Agriculture, O/o.The Director of Agriculture, Chepauk, Chennai - 5.

2. The Joint Director of Agriculture, O/o.The Joint Director of Agriculture, Kattuthottam, Mariamman Kovil Post, Thanjavur.

3. The Assistant Director of Agriculture, O/o.The Assistant Director of Agriculture, Thiruvaiyaru, Thanjavur District.

... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned orders passed by the 1st respondent dated 20.06.2022 vide proceedings in proc. No. VCS2/99378/2017 suspending the petitioner and order dated 28.06.2022 vide proceedings in proc. No. VCS2/99378/2017 not permitting the petitioner to retire from service and quash of them as illegal and violative 1/4

2 W.P.(MD)NO.16873 OF 2022 of principles of natural justice and consequently direct the respondents to permit the petitioner to retire from service and disburse the retirement benefits and pension to the petitioner. For Petitioner : Mr.S.Sankar For Respondents: Mr.J.K.Jayaseelan, Government Advocate.

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O R D E R

Heard the learned counsel on either side.

2. The writ petitioner was employed as Superintendent (Security) in the Agricultural Department of the Government of Tamil Nadu. When he reached the age of superannuation, he was suspended from service and not allowed to retire. Challenging the same, this writ petition has been filed.

3. It is not in dispute that the petitioner is still facing criminal prosecution for the offences under the Prevention of Corruption Act. The criminal case is pending since 2015. That 2/4

3 W.P.(MD)NO.16873 OF 2022 is why the petitioner was suspended from service and also not allowed to retire. The respondents have acted strictly in accordance with the fundamental rules. No case for interference has been made out. This writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

14.09.2022 Index : Yes / No Internet : Yes/ No PMU To:

1. The Director of Agriculture, O/o.The Director of Agriculture, Chepauk, Chennai - 5.

2. The Joint Director of Agriculture, O/o.The Joint Director of Agriculture, Kattuthottam, Mariamman Kovil Post, Thanjavur.

3. The Assistant Director of Agriculture, O/o.The Assistant Director of Agriculture, Thiruvaiyaru, Thanjavur District.

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4 W.P.(MD)NO.16873 OF 2022 G.R.SWAMINATHAN,J.

PMU W.P.(MD)No.16873 of 2022 14.09.2022 4/4