1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:10.10.2011 CORAM THE HONOURABLE Mr. JUSTICE T.RAJA Writ Petition (MD)No.8917 of 2011 and MP(MD)No.1 of 2011 S.Raman :Petitioner -Vs- Principal Secretary to Government,Home Department, Government of Tamil Nadu, Fort St. George, Chennai. :Respondent Prayer:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorari, calling for the records relating to the impugned G.O.Ms.No.429 dated 30.07.2011 in so far as it reserves the right of the respondent to take further departmental disciplinary action against the petitioner and quash the same. For Petitioner : Mr.G.R.Swaminathan For Respondent : Mr.TR.Janarthanam,Additional Government Pleader ORDER This Writ Petition has been filed by the petitioner for a Writ of Certiorari to call for the records relating to the impugned G.O.Ms.No.429, dated 30.07.2011 in so far as it reserves the right of the respondent to take further departmental disciplinary action against the petitioner and quash the same. 2. Heard Mr.G.R.Swaminathan, learned Counsel for the petitioner and Mr.TR.Janarthanam, learned Special Government Pleader for the respondent. 3. By consent, the writ petition itself is taken up for final disposal. 4. The present Writ Petition has been filed against G.O.Ms.No.429, dated 30.07.2011, passed by the respondent, in and by which, the petitioner Mr.S.Raman, Deputy Superintendent of Police, formerly Thirupparankundam Sub- division, Madurai was permitted to retire from service, who attained the age of superannuation on 31.07.2011, without prejudice to the departmental proceedings pending against him. 5. The learned counsel appearing for the petitioner submits that the impugned order permitting the petitioner to attain the age of superannuation on 31.07.2011, without prejudice to the departmental proceedings pending against him is totally unjustifiable, for the reason that the very departmental proceedings itself came to be dropped on 06.09.2011 vide G.O.Ms.No.492 Home (SC) Department and when the departmental proceedings were dropped, then the question of permitting the petitioner to retire on attaining the age of superannuation on 31.07.2011, without prejudice to the departmental proceedings is liable to be set aside. https://hcservices.ecourts.gov.in/hcservices/ 2 6. In support of his submissions, the learned counsel for the petitioner has produced a letter in letter No.SC/8419-29/08 issued by the Home (SC) Department, dated 16.09.2011, wherein, the Principal Secretary to Government has addressed the letter to the petitioner, stating that the departmental proceedings initiated under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 was dropped on 06.09.2011 Further, the said letter states that the petitioner's demands, such as, regulation of period of suspension undergone by him and notional promotion to the grade of Additional Superintendent of Police are also under process. 7. At this juncture, the learned Additional Government Pleader appearing for the respondent would also submit that the departmental/disciplinary proceedings originally initiated against the petitioner under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 were dropped on 06.09.2011 and the request of the petitioner such as regulation of period of suspension undergone by him and notional promotion to the grade of Additional Superintendent of Police are under process. Under these facts and circumstances, when the respondent has already dropped the disciplinary proceedings initiated against the petitioner under Rule 17(a) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, the impugned order is liable to be quashed, accordingly, the impugned G.O.Ms.No.429, Home Department, dated 16.09.2011 is quashed and consequently, the respondent is directed to consider the letter as mentioned in the letter No.SC/8419-29/08, dated 16.09.2011 as expeditiously as possible and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order. 8. Accordingly, the Writ petition is disposed of. Consequently, connected miscellaneous petition is also closed. No costs. Sd/- Deputy Registrar (Writs) / TRUE COPY / Assistant Registrar To: Principal Secretary to Government, Home Department, Government of Tamil Nadu, Fort St. George, Chennai. +1CC to The Special Government Pleader. SR.No.35060. +1CC to Mr.G.R.Swaminathan, Advocate. SR.No.35149. Ps Writ Petition (MD)No.8917 of 2011 and MP(MD)No.1 of 2011 RP/29.10.2011/2P/4C.10.10.2011 https://hcservices.ecourts.gov.in/hcservices/