Case Law Details
S. Vaidhyanathan Vs Government of Tamil Nadu (Madras High Court)
FULL TEXT OF THE HIGH COURT ORDER / JUDGEMENT
Testing the correctness of the order of a learned single Judge dated 12.01.2018 made in W.P.No. 824 of 2018, instant writ appeal has been filed.
2. Short facts leading to the filing of the writ appeal are that, when the appellant/petitioner was serving as a Village Administrative Officer, he was issued with a charge memo on 18.1.2005 calling for explanation to the charges mentioned therein. On receipt of the same, he submitted his explanation on 20.9.2006. Thereafter, during the pendency of the disciplinary proceedings, the petitioner, attained the age of superannuation on 31.8.2006. The fourth respondent passed an order on 31.8.2006 permitting him to retire from service on the afternoon of 31.8.2006 without prejudice to the pending disciplinary proceedings.
3. It is the contention of the appellant that, thereafter, the enquiry officer submitted a report on 31.1.2007 and the petitioner was also furnished with a copy of the report with a second show cause notice calling for further explanation to the enquiry officer’s report. Accordingly, he submitted his explanation to the report of the enquiry officer on 5.3.2007. Once again, the petitioner was issued with another show cause notice on 27.5.2008 calling upon him to show cause, as to why the proposed punishment of withholding Rs. 750/- per month from his pension should not be imposed, for which he submitted his explanation and finally, with the intervention of this Court vide order dated 17.9.2010 made in W.P. No.21312 of 2018, directing the first respondent to pass a final order, the first respondent has passed a final order in G.O.(2D) No. 467, Revenue Department dated 20.8.2013 proposing the punishment of withholding of Rs.750/- per month from his pension for a period of three years.
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