K.Chinnappa v. The Chairman And Managing Director

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU and W.M.P.(MD).Nos.19035 & 19036 of 2025 K.Chinappa

...Petitioner

Vs 1.The Chairman and Managing Director, Tamil Nadu Handicrafts Development Corporation Limited, Chennai - 600002.

2.The Manager Production and Sales(Unit), Poompuhar Art Metal Centre, Swamimalai, Kumbakonam, Thanjavur District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned order passed by the first respondent in proceedings Rc.No.TNHDC/846/Per/2025, dated 29.08.2025, quash the same and consequently direct the respondents to permit the petitioner to retire and disburse all the retirement and pensionary benefits to him.

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For Petitioner : Mr.R.Ponkarthikeyan

O R D E R

This writ petition has been filed to quash the impugned order passed by the first respondent in proceedings Rc.No.TNHDC/846/Per/2025, dated 29.08.2025 and consequently to direct the respondents to permit the petitioner to retire and disburse all the retirement and pensionary benefits due to him.

2. In spite of service of notice on the respondents, there is no representation on the said of the respondents, either by counsel or by any officer of the respondent / Department.

3. Even on the last hearing date, i.e., 23.10.2025, this Court, noting that the names of the respondents have been printed in the cause list and yet there was no appearance, posted the matter today as a last chance.

4. A perusal of the order of suspension dated 29.08.2025, which was issued just two days prior to the superannuation of the petitioner, would indicate that the petitioner was alleged to have been involved in certain malpractices during the year 2019, for which the Department had incurred a loss of Rs.19,15,712/-. However, from the year 2019 till date, 2/5

no charge memo has been issued to the petitioner, nor have any recovery proceedings been initiated against him.

5. In view of the same, this Court is of the view that the impugned order of suspension is only arbitrary and amounts to a colourable exercise of power. Therefore, the impugned order of suspension dated 29.08.2025 is liable to be interfered with by this Court.

6. Accordingly, the impugned order passed by the first respondent dated 29.08.2025 against the petitioner is set aside and this writ petition is allowed. The respondents are directed to permit the petitioner to retire and the petitioner shall be deemed to have retired from service on 31.08.2025. The respondents are further directed to disburse all the retirement and pensionary benefits to the petitioner within a period of twelve (12) weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected miscellaneous petitions are closed. 06.11.2025 NCC:yes/no Index:yes/no Internet:yes/no TSG 3/5

To:

1.The Chairman and Managing Director, Tamil Nadu Handicrafts Development Corporation Limited, Chennai - 600002.

2.The Manager Production and Sales(Unit), Poompuhar Art Metal Centre, Swamimalai, Kumbakonam, Thanjavur District.

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K.KUMARESH BABU , J.

TSG W.P.(MD).No.24257 of 2025 06.11.2025 5/5