D. Chellapandi v. Govt. Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 08.06.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and M.P(MD)No.3 of 2015 & W.M.P(MD)No.5292 of 2016 D.Chellapandi ... Petitioner Vs.

1. The Government of Tamil Nadu, Represented by its Principal Secretary, Department of Finance, Saint George Fort, Chennai.

2. The Commissioner of Treasuries and Accounts, Panagal Building, No.1 Jeenis Road, Saidapet, Chennai - 15.

3. The Treasury Officer, District Treasury, Virudhunagar.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, calling for the entire records in connection with the impugned order passed by the 1st respondent in G.O.Ms. 1/6

No.234, dated 04.09.2015 confirming the order passed by the 2nd respondent in Na.Ka.No.34376/2010/Q3, dated 11.09.2013 and quash the same and directing the 2nd respondent to reinstate the petitioner in to the service with all back wages and regularization of service.

For Petitioner : No Appearance For Respondents : Mr.P.Thambidurai Government Advocate

ORDER

This writ petition is filed challenging the impugned order, dated 11.09.2013 with a consequential prayer to reinstate the petitioner back into service and regularised the same.

2. There is no appearance on the side of the petitioner. Heard Mr.P.Thambidurai, learned Government Advocate appearing for the respondents. Perused the material documents available on record.

3. The petitioner was working in the 3rd respondent office and he was appointed as Accountant. The allegation against the petitioner is that he has 2/6

prepared a false pension list and has misappropriated to the tune of Rs.5,09,488/-. Thereafter, an action was initiated against the petitioner and imposed punishment of Compulsory Retirement and the same was challenged before the Government. The Government has confirmed the punishment, through the impugned order.

4. There is no representation on the side of the learned counsel appearing for the petitioner. Hence, this Court directed the Registry to print the petitioner's name in the cause list. Eventhough, the petitioner's name was printed in the cause list, today also there is no appearance on the side of the petitioner.

5. On perusal of the relevant records, it is seen that the allegation against the petitioner was clearly established based on the evidence. It is proved that the petitioner had prepared false pension list and misappropriated the amount.

6. In view of the foregoing reasons, this Court is not inclined to entertain this writ petition. Moreover, the respondents have granted Compulsory retirement only and the same is appropriate punishment. 3/6

7. Accordingly, this Writ Petition stands dismissed. The impugned order, dated 11.09.2013 is confirmed. No Costs. Consequently, connected miscellaneous petitions are closed.

Index : Yes / No 08.06.2023 Internet : Yes ksa 4/6

To

1. The Principal Secretary, Government of Tamil Nadu, Department of Finance, Saint George Fort, Chennai.

2. The Commissioner of Treasuries and Accounts, Panagal Building, No.1 Jeenis Road, Saidapet, Chennai - 15.

3. The Treasury Officer, District Treasury, Virudhunagar.

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S.SRIMATHY, J ksa Order made in 08.06.2023 6/6