1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28/3/2011 C O R A M THE HONOURABLE MR.JUSTICE K.VENKATARAMAN Writ Petition (MD)No.3173 of 2011 R. Balachandran ... Petitioner Vs 1. The District Collector Dindigul District, Dindigul. 2. The Competent Authority and District Revenue Officer No.11/A Indira Nagar, Sennamanaickenpatti, Dindigul. 3. Enquiry Officer/Revenue Divisional Officer Palani, Dindigul District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of certiorarified mandamus to call for the records relating to the impugned order of the first respondent in Na.Ka.No.46104/2010/A1 dated 31/1/2011 issued to the petitioner and quash the same and consequently direct th first respondent to pay the pension, gratuity and other retiral benefits to the petitioner with interest thereof. For Petitioner : Mr.R.R.Kannan For Respondent : Mr.V.Rajasekaran, Spl.G.P. O R D E R Heard the learned counsel appearing for the petitioner and Mr.V.Rajasekaran, Special Government Pleader appearing for the respondents. 2. The petitioner has filed the present writ petition challenging the impugned order of the first respondent dated 31/1/2011 and consequently directing the first respondent to pay the pension, gratuity and other retirement benefits to him. 3. The case of the petitioner is that he has joined as Typist in Tamil Nadu Government Service on 13/1/1982. Thereafter, he has worked in different places under various cadres and finally, he has worked as Special Tahsildar (L.A) for National Highways Control Unit, Dindigul. He was permitted to retire on 31/1/2011 on attaining the age of super annuation without prejudice to the charges pending against him. 4. The first respondent issued the charge memo dated 3/10/2009 under Section 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The allegation against him was that an excess amount has been paid to one Palraj for the lands acquired from him for the purpose of Highways. When it came to know that such excess amount has been paid to Palraj, a complaint has been preferred before the District Crime Branch, Dindigul. A First Information Report was registered under Sections 420 and 406 of the Indian Penal Code against the said Palraj on https://hcservices.ecourts.gov.in/hcservices/ 2 11/11/2009. One of the co-sharers viz., Mrs.Pushpam has returned her share. 5. The third respondent was appointed as an Enquiry Officer by the first respondent. He has submitted a detailed representation to the charge memo issued to him. However, without giving opportunity to the petitioner, the third respondent has submitted a report to the first respondent. In the meanwhile, he has attained the age of super annuation and the first respondent has permitted him to retire without prejudice to the disciplinary proceeding pending against him. 6. Challenging the said order, the petitioner has come up with the present writ petition praying for the relief as stated therein. 7. The learned counsel appearing for the petitioner mainly contended that the impugned order permitting the petitioner to retire from service without prejudice to the proposed disciplinary action is illegal and without jurisdiction. To that proposition, the learned counsel appearing for the petitioner relied on a decision reported in (2009) 1 MLJ 761 (Kootha Oillai Vs. Commissioner, Municipal Administration, Chennai and Others). 8. The learned Government Advocate (criminal side) could not dispute the above position. 9. In view of the above stated position, the impugned order of the 1st respondent dated 31.01.20011 is liable to be set aside and it is set aside and the writ petition stands allowed. It is needless to say that the 1st respondent has to pay the terminal benefits to the petitioner along with the pension due to the petitioner, if any. The said exercise has to be carried out by the 1st respondent within a period of six weeks from the date of receipt of a copy of this order. No costs. Consequently, the connected Miscellaneous Petition is closed. Sd/- Assistant Registrar (C.O) /True Copy/ Sub Assistant Registrar (C.S) To 1. The District Collector Dindigul District, Dindigul. 2. The Competent Authority and District Revenue Officer No.11/A Indira Nagar Sennamanaickenpatti, Dindigul. 3. Enquiry Officer/Revenue Divisional Officer Palani, Dindigul District. + 1 cc to Mr.R.R.Kannan, Advocate, SR No.8263 + 1 cc to The Special Government Pleader, SR No.11969 W.P.(MD) No.3173 of 2011 28/3/2011 mvs/arul RJ/6.4.11 2p/6c https://hcservices.ecourts.gov.in/hcservices/