1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.09.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.M.SUNDRESH W.A.(MD).No.827 of 2011 and M.P.No.1 of 2011 The State, Rep by The District Collector, Thoothukudi District, Thoothukudi. : Appellant(Respondent) Vs. P.Radhakrishnan : Respondent(Petitioner) PRAYER: Writ Appeal is filed under Clause 15 of the Letters Patent against the Order dated 16.07.2010 made in W.P.(MD).No.9122 of 2010 on the file of this Court presented to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order issued by the respondent in Na.Ka. m6/25974/2010 dated 31.5.2010 and quash the portion relating to condition stipulated for disciplinary action after retirement alone and consequently direct the respondent to make all retirement benefits to the petitioner with a specified time. For Appellant : Mr.Mr.K.Mahendran Special Government Pleader For Respondent : Mr.S.Muthal Raj JUDGMENT [Judgment of the Court was delivered BY P.JYOTHIMANI, J] The Writ Appeal is directed against the order of the learned Single Judge dated 16.07.2010 made in W.P.(MD).No.9122 of 2010. 2. The respondent/Writ Petitioner, on the date of attaining the age of superannuation, was permitted to retire from service, without prejudice to the disciplinary proceedings pending against him. 3. Admittedly, the disciplinary proceedings against the respondent/Writ Petitioner was instituted and after allowing him to retire, the charges were served. Therefore, by virtue of a judgment of a Division Bench of this Court in Y.Raja Vs. The Joint Registrar of Cooperative Societies, Madurai Region, Madurai reported in 2011 https://hcservices.ecourts.gov.in/hcservices/ 2 (1) CTC 18, the department is entitled to proceed under the Tamil Nadu Pension Rules [for short "the Rule"]. It is also relevant to point out in this case that even under Rule 9 (2) (a) of the Rules, which is as follows: "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 dated 16.07.2010 made in W.P.(MD).No.9122 of 2010 stands set aside and the Writ Appeal stands allowed to the effect that the appellant is entitled to proceed with the disciplinary proceedings against the respondent/Writ Petitioner concerned under Rule 60 of the Rules. Making it clear that pending such disciplinary proceedings, the appellant shall disburse all the retirement benefits to the respondent/Writ Petitioner including provisional pension in accordance with Rule 60 of the Rules within a period of four weeks from the date of receipt of a copy of this order. No costs. Consequently, connected Miscellaneous Petition is closed. Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To The District Collector, Thoothukudi District, Thoothukudi. +1cc to Mr.S.Muthalraj, Advocate, Sr.No.29900 ssk/13.09.2011 /3c -2p/- JUDGMENT MADE IN W.A.(MD).No.827 of 2011 05.09.2011 https://hcservices.ecourts.gov.in/hcservices/