1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:26.08.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI and THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD)No.779 of 2011 and M.P.(MD)No.2 of 2011 1.The Secretary to Government, Revenue Department, Chief Secretariat, Chennai. 2.The District Collector, Ramanathapuram District, Ramanathapuram. ...Appellants Vs. G.Anbalagan ...Respondent Prayer: The Writ Appeal filed under Clause 15 of Letters Patent Act, against the order of this Court in W.P.(MD)No.9835 of 2010 dated 29.07.2010. For Appellants : Mr.K.Mahendran, G.A. For Respondent : Mr.S.Visvalingam JUDGMENT (Judgment of the Court was delivered by P.JYOTHIMANI,J.) It is against the quashing of the charge memo framed against the original Writ petitioner, the department has filed the present Writ Appeal. 2.The petitioner, on the date of attaining the age of superannuation, was permitted to retire, without prejudice to the disciplinary proceedings pending against him. 3.Admittedly, the disciplinary proceedings against the writ petitioner was instituted and after allowing the writ petitioner to retire, the charges were served. Therefore, by virtue of the judgment of the Division Bench Y.Raja Vs. The Joint Registrar of Cooperative Societies, Madurai Region, Madurai reported in 2011 (1) CTC 18, the department is entitled to proceed under the Pension Rule. It is also relevant to point out in this case that even under Rule 9 (2) (a) of the Tamil Nadu Pension Rules, which is as follows: https://hcservices.ecourts.gov.in/hcservices/ 2 "9.Right of Government to withhold or withdraw pension- (2)(a)The departmental proceeding referred to in sub rule (1), if instituted while the Government servant was in service, whether before his retirement or during his re employment, shall, after the final retirement of the Government servant be deemed to be proceedings under this rule and shall be continued and concluded by the authority by which they were commenced in the same manner as if the Government servant had continued in service." In relation to the proceedings, which are instituted, the authority has got a right to complete the proceedings . 4.In such view of the matter, the order of the learned Single Judge is set aside and the Writ Appeal stands allowed to the effect that the appellants are entitled to proceed with the disciplinary proceedings against the respondent concerned under Rule 60 of the Tamil Nadu Pension Rules. Making it clear that pending such disciplinary proceedings, the appellants shall disburse all the retirement benefits to the respondent, including provisional pension in accordance with Rule 60 of the Tamil Nadu Pension Rules, within a period of 4 weeks from the date of receipt of a copy of this order. No costs. Consequently, connected M.P. is closed. nbj Sd/- Assistant Registrar[T&P] /True copy/ Sub Assistant Registrar To 1.The Secretary to Government, Revenue Department, Chief Secretariat, Chennai. 2.The District Collector, Ramanathapuram District, Ramanathapuram. W.A.(MD)No.779 of 2011 Dated:26.08.2011 2P/3C RPB 07.09.2011 https://hcservices.ecourts.gov.in/hcservices/