IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07.8.2009 CORAM THE HONOURABLE MR. JUSTICE R. SUDHAKAR W.P.No.34185 of 2003 D.A.Joyson Sethuraj .. Petitioner -Vs- 1.The Board of Trustees, Tuticorin Port Trust, rep. By the Chairman, Tuticorin Port Trust, Tuticorin. 2. The Chairman, Tuticorin Port Trust, Tuticorin. .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus calling for the records of the 2nd respondent in his file No.S-4/1/2003-L&DAS and to quash the proceedings dated 25.2.2003 made therein initiating enquiry against the petitioner and to quash the consequential proceedings of the 1st respondent dated 4.7.2003 appointing an enquiry officer and presenting officer to enquire into the charges against the petitioner and directing that the departmental proceedings shall be continued and consequently to direct the respondents to forbear from proceedings with the intended enquiry against the petitioner. For Petitioner : Mr. T.M. Hariharan For Respondents : Mr. S. Yashwanth O R D E R This writ petition has been filed by a Marine Engineer and Surveyor, who retired from service on 28.2.2003. He was served with a charge memo dated 25.2.2003 on 28.2.2003 (i.e.) on the date of his retirement. Challenging the said proceedings, the present writ petition has been filed. 2. At the time of final hearing of the writ petition, the learned counsel for the respondents produced a copy of the order passed by the Tuticorin Port Trust Administrative Department in Order No.S.20/3/2008-L&DAS, dated 8.7.2009, which reads as follows:- https://hcservices.ecourts.gov.in/hcservices/ " Whereas disciplinary action has been initiated against Shri D.A.Joyson Sethuraj, Rtd. Marine Surveyor for his alleged misbehaviour with the then Chairman, Tuticorin Port Trust while he was in service during 2003 and as such the retirement benefits due to him were not given pending disposal of disciplinary action made against him after his retirement 28.2.2003. Whereas Shri D.A.Joyson Sethuraj, Rtd., Marine Surveyor had filed a writ petition in the Hon'ble High Court of Madras and obtained interim stay for the disciplinary proceedings initiated against him. Whereas Shri D.A.Joyson Sethuraj has been making frequent requests to grant him pensionary and other benefits due to him and he met Chairman, TPT during Grievance day. Whereas a committee has been constituted by the Chairman to examine his grievance and in its meeting held on 7.7.2009, scrutinised all relevant documents particularly his two letters dated 20.2.2003 and 30.1.2009 and the committee noted that Shri D.A.Joyson Sethuraj had pleaded for pardon and expressed his regrets which was also reflected in the affidavit which was submitted by him in the Court. Whereas the committee noted his pleadings on sympathetic grounds, recommended to drop disciplinary proceedings as per the provision contained in the CCS Rules, 1972 and to release the retirement benefits due to him towards full and final settlement. Whereas considering the recommendation of the committee and all relevant matters pertaining to Shri Joyson's case, Chairman being the competent authority decided to drop disciplinary proceedings. In view of the above, the following benefits due to Shri Joyson Sethuraj, may be paid to him towards full and final settlement and he is also advised to withdraw W.P.M.P.No.41448 of 2003 in W.P.34185 of 2003 filed by him in the Hon'ble High Court of Madras. i) Commutation of pension - Rs.3,16,562/- ii) Gratuity - Rs.3,50,000/- iii) Encashment of EL - to be calculated by Accounts department iv) TTA amount Rs.22,864/- (subject to checking) v) LTC Claim Rs.4,568/-(Rs.26,468/-(-) Rs.21,900/-)(subject to checking)" 3. In view of the same, the learned counsel for the petitioner submits that the writ petition may be closed giving liberty to the petitioner to agitate any claim which has been left in the order dated 8.7.2009 by way of separate proceedings in accordance with law. https://hcservices.ecourts.gov.in/hcservices/ 4. The learned counsel for the respondents submits that as contained in the order dated 8.7.2009, payment will be made within a period of two weeks from today. 5. Recording the said submissions, giving liberty to the petitioner to agitate any further claim, which has been omitted, in accordance with law, this writ petition stands closed. No costs. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar ra To 1.The Board of Trustees, Tuticorin Port Trust, rep. By the Chairman, Tuticorin Port Trust, Tuticorin. 2.The Chairman, Tuticorin Port Trust, Tuticorin. 1 cc To Mr.T.M.Hariharan, Advocate, SR.36778. 1 cc To Mr.S.Yashwanth, Advocate, SR.36511. WP No. 34185 of 2003 MA(CO) RVL 26.08.2009 https://hcservices.ecourts.gov.in/hcservices/