1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 17.12.2009 CORAM :: THE HONOURABLE MR. HEMANT LAXMAN GOKHALE,THE CHIEF JUSTICE AND THE HONOURABLE MR. JUSTICE A. SELVAM W.A(MD)No.691of 2009 and M.P(MD)No. 2 of 2009 1. The Commissioner of Municipal Administration, Ezhilagam Annexe, Chepauk, Chennai - 600 005. 2. The Commissioner, Thirumangalam Municipality, Thirumangalam. ..... Appellants /Respondents Vs - M. Sheik Hussain, S/o. Mr. S. Mohamed Yusuf, Formerly Manager, Thirumangalam Municipality, Madurai District. ...... Respondent/Petitioner Writ Appeal filed under Clause 15 of Letters Patent against the order dated 19.01.2009 in W.P.(MD)No.10509 of 2008. Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to permit the petitioner to retire from service with effect from the date of retirement viz., 30.06.2001 and to disburse the retirement benefits and other monetary and service benefits to the petitioner within a time frame fixed by this Court with interest at 18% p.a from 30.06.2001. For Appellants :: Mr. R. Janakiramulu Special Government Pleader For Respondent :: Mr. A. Thirumurthy - - - - - - - - J U D G M E N T (Judgment of the Court was made by THE HON'BLE THE CHIEF JUSTICE) Heard Mr. R. Janakiramulu, learned Special Government Pleader, appearing for the appellants in support of this Writ Appeal and Mr. A. Thirumurthy, learned counsel appearing for the respondent. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The respondent herein was proceeded in a case under the Prevention of Corruption Act, wherein it was alleged that while he was working as an Accountant in Theni Allinagaram Municipality, he had demanded an amount of Rs.1,200/- and later on Rs.300/- from one Ponnusamy, a Contractor for issuing a Cheque for a sum of Rs.39,824/- and that he accepted bribe of Rs.200/- from him. In the said case, he has been acquitted by an order dated 02.04.2008, by the Chief Judicial Magistrate, Theni in C.C.NO.1 of 2006. 3. A perusal of the order dated 02.04.2008 of the Chief Judicial Magistrate, Theni in C.C.NO.1 of 2006 shows that even the recovery of the amount has not been proved and therefore, the respondent was acquitted. In spite there of, the respondent is being proceeded departmentally. Therefore, the respondent filed a writ petition for a direction to the appellants herein to permit him to retire from service with effect from the date of his retirement viz., 30.06.2001. 4. The learned Single Judge of this Court by an order dated 19.01.2009 disposed of the said writ petition with a direction to the appellants herein to pass a suitable order regarding the retirement after considering all the facts, including the order of acquittal made by the Chief Judicial Magistrate, Theni dated 02.04.2008. It is, this order, which is sought to be challenged in this writ appeal. 5. In our view, there is nothing wrong in the order passed by the learned Single Judge. All that the order expects is that the Authorities of the appellants should examine all the aspects and take a decision on the question of retirement of the respondent herein, who would otherwise have retired way back in 2001. We see no reason to interfere with the order of the learned Single Judge. This Writ Appeal fails and the same is liable to be dismissed. 6. Accordingly, this Writ Appeal is dismissed. No costs. Consequently, the connected M.P.(MD)No.2 of 2009 is also dismissed. SD/- Assistant Registrar(Writs) /True Copy/ Sub Assistant Registrar To 1. The Commissioner of Municipal Administration, Ezhilagam Annexe, Chepauk, Chennai - 600 005. 2. The Commissioner, Thirumangalam Municipality, Thirumangalam. W.A(MD)No.691of 2009 and M.P(MD)No. 2 of 2009 17.12.2009 Dpn/- PAM 05.01.2010/3C/2P https://hcservices.ecourts.gov.in/hcservices/