The District Collector v. S Muthuvijayakumar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.01.2025

CORAM

THE HONOURABLE MR.JUSTICE M.S.RAMESH AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and C.M.P.(MD).No.553 of 2025 The District Collector, Madurai District.

... Appellant/Respondent Vs.

S.Muthuvijayakumar ... Respondent/Writ Petitioner PRAYER: Writ Appeal filed under Clause 15 of Letters Patent, praying to set aside the order of this Court made in W.P.(MD).No.15069 of 2024 dated 09.07.2024.

For Appellant : Mr.S.R.A.Ramachandran Additional Government Pleader For Respondent : Mr.Aswin Rajasimman

JUDGMENT

(Judgment of the Court was made by M.S.RAMESH,J.) This Writ Appeal has been filed against the order of the learned Single Judge in W.P.(MD).No.15069 of 2024 dated 09.07.2024.

2. For the delinquency that occurred in the year 2021, charges came to be framed against the respondent herein in the year 2024 through charge memo dated 08.04.2024. The Government in G.O.(Ms)No.144, Personnel and Administrative Reforms (N) Department, dated 08.06.2007, has ordered that in cases where the Government employee is due to retire and disciplinary proceedings are contemplated against him, the same requires to be completed at least three months prior to the date of retirement.

3. The learned Single Judge, by placing reliance on G.O.(Ms)No.144, had found that the delayed action of the appellant in framing the charges would vitiate the proceedings and had quashed the charge memo, as well as the orders suspending the respondent herein from service and not permitting him to retire from service. We do not find any illegality in such findings in view of the Government's own order in G.O.(Ms)No.144 dated 08.06.2007.

4. Accordingly, the Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition stands closed. (M.S.R.,J.) (A.D.M.C.,J.) 21.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm

M.S.RAMESH,J.

and A.D.MARIA CLETE,J.

Lm 21.01.2025