1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.9373 of 2011 And M.P.(MD).Nos. 1 & 2 of 2011 K.Annamalai ... Petitioner Vs. 1.The Agricultural Production Commissioner, and Principal Secretary to Government, Agriculture (AA-2) Department, Secretariat, Chennai-9. 2.The Revenue Divisional Officer, Sivakasi Division, Sivakasi. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus calling for the records relating to the Government letter No.27103/AA-2/2005-15 dated 01.10.2010 and the proceedings No.ROC A- 2/6271/07 dated 28.06.2007 of the 2nd respondent and quash the same and consequently direct the 2nd respondent to send pension proposals within a specified time framed that may be fixed by this Court. For Petitioner : Mr.S.Visvalingam For Respondents: Mr.S.Chandrasekar, Government Advocate O R D E R Mr.S.Chandrasekar, learned Government Advocate takes notice for the respondents. By consent, the Writ petition itself is taken up for final hearing. 2.The Writ Petition has been filed to quash the Government letter No.27103/AA-2/2005-15, dated 01.10.2010 and the proceedings in ROC No.A-2/6271/07, dated 28.06.2007 of the Revenue Divisional Officer, Sivakasi / 2nd respondent and consequently, direct the 2nd respondent to send pension proposals, within a specified time. 3.According to the petitioner, he entered the service as a Village Administrative Officer on 08.07.1984. The petitioner has not been allowed to retire from service on 30.06.2007. However, he has been issued suspension order vide proceedings made in ROC A-2/6271/07 dated 28.06.2007 by the Revenue Divisional Officer, Sivakasi/2nd respondent herein. The 2nd respondent by proceedings in ROC A- https://hcservices.ecourts.gov.in/hcservices/ 2 2/6271/07 dated 30.06.2007, has retained the petitioner in service by invoking Rule 56(1)(c) of the Fundamental Rules as per the. The Government have framed charges against the petitioner in letter No.27103/AA-2/2005-15 dated 01.10.2010 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & appeal) Rules on the ground that while he was serving as Village Administrative Officer, Kansapuram issued certificates with false particulars in the names of three persons, as if, they were lessees of original land owners, which facilitated traders and middleman to sell copra in Agricultural Producers Cooperative Marketing Society Limited, Sriviliputhur in procurement of copra between June 2000 and April 2001. 4.The petitioner has further submitted that earlier, criminal cases were registered against the subordinates in the Agriculture Department and Revenue Department and that the same were withdrawn as per G.O.210, Agriculture Department AA-2, dated 09.10.2009. Pursuant to which, the impugned disciplinary proceedings have been initiated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The impugned charge memo has been challenged mainly on the ground of inordinate delay. 5.Reliance has been placed on the decisions of this Court in P.V.Mahadevan Vs. M.D. Tamil Nadu Housing Board, reported in 2005(4) CTC 403, in W.A.Nos. 586 and 587 of 2007, dated 05.11.2007; in W.A.No. 610 of 2008, dated 06.03.2009; in T.N.Principal Secretary Home (SC) Department, Chennai and another Vs. R.Ramarajan, IPS Superintendent of Police T.N.Commando Ch-28 and other, reported in 2009(3) TLNJ 132 (Civil); and in B.K.Gunasekaran V. State of T.N. reported in 2010(7) MLJ 161. 6.Attention of this Court has also been invited to an order made in W.P.No. 8924 of 2006 & 6508 of 2009, dated 17.03.2010 in L.Frederick Jayaseelan Vs. The Government of Tamil Nadu rep. by its Agricultural Production Commissioner and Secretary to Government and others), wherein this Court, after considering the facts and placing reliance on the decisions of the Hon'ble Supreme Court in P.V.Mahadevan Vs. M.D. Tamil Nadu Housing Board (stated supra) and other cases, has quashed the departmental proceedings initiated against the petitioners therein. At paragraph No.8 of the order, a learned Single Judge of this Court has held as follows:- "In view of the judicial dictum laid down by the Apex Court, applying the same to the facts of the present case, there is absolutely no difficulty to conclude that the order of suspension as well as the impugned charge memo are illegal. Since the respondent has not chosen to explain the reason for delay, I am of the considered view that the impugned charge memo is liable to be set aside." 7.There is no quarrel over the similarity of the facts, with the one stated supra. Even Mr.S.Chandrasekar, learned Government https://hcservices.ecourts.gov.in/hcservices/ 3 Advocate, who took notice for the respondents, fairly submitted that disciplinary action initiated against the officials of the Agricultural Department for the alleged delinquency, has been quashed in many cases. No appeal seemed to have been filed against the order made in W.P.Nos. 8924 of 2006 and 6508 of 2009, dated 17.03.2010. 8.Considering the submissions of both sides and after going through the materials on record and on perusal of the order made in the abovesaid Writ Petitions in W.P.Nos. 8924 of 2006 and 6508 of 2009, dated 17.03.2010, this Court is of the considered view that the petitioner is entitled to the benefit of the orders stated supra. The facts are similar and there is no explanation for the inordinate delay. 9.For the reasons stated supra, the impugned orders are set aside and the Writ Petition stands allowed. The respondents are directed to send the pension proposals within three months from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petitions are also closed. No costs. Sd/- Assistant Registrar(AE) /True Copy/ Sub Assistant Registrar To 1.The Agricultural Production Commissioner, and Principal Secretary to Government, Agriculture (AA-2) Department, Secretariat, Chennai-9. 2.The Revenue Divisional Officer, Sivakasi Division, Sivakasi. +one cc to Special Government Pleader, Sr.No. 28717 W.P.(MD).No.9373 of 2011 22.08.2011 nbj SMA/16.9.2011/4C/3P https://hcservices.ecourts.gov.in/hcservices/