IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.11.2011 CORAM THE HONOURABLE MR.JUSTICE D.HARI PARANTHAMAN W.P.No.16519 of 2011 T.Periasamy ... Petitioner Vs. 1.State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai – 9. 2.Director of School Education, Chennai – 6. 3.The Secretary, Tamil Nadu Public Service Commission, Chennai. ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorarified mandamus as stated therein. For Petitioner : Mr.C.Selvaraj, SC for C.S.Associates For Respondents : Mr.Rm.MutthuKumar, GA, for R1 & R2 Mr.Ezhilarashi for R3 O R D E R The petitioner seeks for issuance of a writ of certiorarified mandamus to quash the charge memo issued by the second respondent, in his proceedings Na.Ka.No.12811/A1/E2/2010, dated 26.03.2010, by calling for the records connected thereto and consequently, to direct the respondents to settle all the Terminal benefits to the petitioner. 2. The petitioner was working as Chief Educational Officer in Dindigul. When he was to retire from service on 31.03.2010, a charge memo dated 26.03.2010, was issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. However, he was permitted to retire from service on 31.03.2010, without prejudice to https://hcservices.ecourts.gov.in/hcservices/ the disciplinary proceedings, by G.O.(1D) No.112, School Education Department, dated 31.03.2010. 3. Thereafter, an enquiry conducted by the respondent was over on 24.08.2010, but no final order was passed. Hence, the petitioner has filed a writ petition in W.P.No.3733 of 2011, seeking for a direction to pass final order on the disciplinary proceedings relating to the charge memo dated 26.03.2010. The writ petition was disposed on 24.02.2011, by recording the statement made by the learned Government Advocate, that within one month final order would be passed. Since no final order was passed, the petitioner has filed the present writ petition seeking to quash the very charge memo dated 26.03.2010 itself. 4. When the matter came up for admission on 13.07.2011, this Court directed the learned Government Advocate to get instructions from the respondent as to the order passed by the department in terms of the order dated 24.02.201, passed in W.P.No.3733 of 2011, and adjourned the matter on 20.07.2011. Subsequently, on 22.08.2011, this Court directed the petitioner to give his response to the show cause notice dated 11.08.2011, issued by the State Government, i.e., the petitioner was directed to give his further representation on the report of the enquiry officer. 5. When the matter was listed on 19.10.2011, learned Special Government Pleader informed that the Secretary to Government, Education Department, has addressed a letter No.4782A/A2/2011-8, dated 04.10.2011, to the Secretary, Tamil Nadu Public Service Commission, Chennai, under Regulation 18(1)(c) of Tamil Nadu Public Service Commission Regulations, in relation to the punishment that could be imposed on the petitioner herein. 6. In these circumstances, the Tamil Nadu Public Service Commission was suo mottu impleaded and it was directed to give its response to the letter dated 04.10.2011, of the first respondent. 7. Whileso, when the matter is listed today, learned counsel appearing for the TNPSC/third respondent herein produced a letter dated 14.10.2011, giving its opinion on the letter dated 04.10.2011 of the first respondent. 8. In these circumstances, the writ petition is disposed of directing the first respondent to pass final orders on the disciplinary https://hcservices.ecourts.gov.in/hcservices/ proceedings relating to the charge memo dated 26.03.2010, within a period of four weeks from the date of receipt of a copy of this order. No Costs. M.P.No.1 of 2011 is closed. Sd/ Asst.Registrar /true copy/ Sub Asst.Registrar rkm To 1.State of Tamil Nadu, Rep. by its Secretary to Government, School Education Department, Secretariat, Chennai – 9. 2.Director of School Education, Chennai – 6. 3.The Secretary, Tamil Nadu Public Service Commission, Chennai. SSK(CO) km/24.11. W.P.No.16519 of 2011 https://hcservices.ecourts.gov.in/hcservices/