Madras High CourtWP(MD)/14742/2018closed

A.Sahayaraj v. The Principal Secretary To The

2021-12-20Honourable Dr Justice Anita Sumanth2 pages

W.P.(MD) No.14742 of 2018 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.12.2021

CORAM:

THE HONOURABLE DR JUSTICE ANITA SUMANTH W.P.(MD) No.14742 of 2018 and W.M.P(MD)Nos.13275 and 13276 of 2018 A.Sahayaraj ... Petitioner Vs.

The Principal Secretary to the Government, Revenue and Disaster Management Department, Services Wing, Ser.2(1) Section, Secretariat, Chennai ... Respondent PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus callling for the records pertaining to the order passed by the respondent in G.O.(2D) No.230, Revenue and Disaster Management Department, Services Wing, Ser.2(1) Section dated 28.06.2018, Quash the same as arbitrary and illegal and direct the respondent to permit the petitioner to retire from service and disburse all the retirement benefits of the petitioner with effect from 30.06.2018 within a stipulated time as this Court may fix.

For Petitioner : Mr.R.Paranjothi For Respondent : Mr.D.Sadiq Raja Additional Government Pleader

O R D E R

The case of the petitioner is that he was not permitted to retire on the date of superannuation on 30.06.2018 and was retained in service as an order of suspension had been served upon him on the same date. The order of suspension alleges his involvement in Crime No.16 of 2017 and has been issued by the Director of Vigilance and Anti-Corruption.

2. The criminal case is now stated to be pending before the Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Thanjavur. Learned Additional Government Pleader would request some time to enable the respondent to lay a charge memo and complete the enquiry within a time to be fixed by this Court.

3. The charges as against the petitioner are that he had directed issuance of grant in aid of an amount of Rs.26,82,032/- by preparing a false record in the name of Rajan Hostel/Rettaimalai Srinivasan Students Home. The aforesaid hostel/Students Home was not in existence and he is alleged to have falsified records for the purpose of diverting the funds.

4. The charge being grave, this Court grants twelve (12) months to the respondent to lay a charge memo and complete the proceedings https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.14742 of 2018 in line with applicable rules and regulations and statutory provisions and in line with the principles of natural justice.

5. With the aforesaid direction, this Writ Petition is closed. No costs. Consequently, connected miscellaneous petitions are closed.

6. This order shall be communicated to the Deputy Superintendent of Police, Vigilance and Anti-Corruption Wing, Thanjavur by the Registry of this Court as well as by the Additional Government Pleader, who appears for the respondent. Sd/- Assistant Registrar (CS-III) // True Copy // / /2022 Sub Assistant Registrar(CS) CM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To,

1. The Principal Secretary to the Government, Revenue and Disaster Management Department, Services Wing, Ser.2(10 Section, Secretariat, Chennai.

2.The Deputy Superintendent of Police, Vigilance and AntiCorruption Wing, Thanjavur +1 CC to M/s.SPL GP ( SR-39945[F] dated 22/12/2021 ) W.P.(MD) No.14742 of 2018 and W.M.P(MD)Nos.13275 and 13276 of 2018 20.12.2021 RD(02.02.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2