1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17/06/2011 C O R A M THE HONOURABLE Mr.JUSTICE K.VENKATARAMAN Writ Petition (MD) No.3530 of 2011 I.Sivagurunathan ... Petitioner Vs 1.The State of Tamil Nadu, represented by its Secretary to Government Revenue Department, Secretariat, Chennai – 600 009. 2.The Agricultural Production Commissioner and Principal Secretary to Government Agriculture (AA-2) Department Secretariat, Chennai. 3.The District Collector, Theni District. 4.The Revenue Divisional Officer, Uthammapalayam Theni District. ... Respondents Petition filed under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus to call for the records relating to the 17(b) charge memo issued in letter No.651/AA-2/2007-31 dated 20.12.2010 (served only on 28.02.2011) issued by the second respondent and quash the same and consequently direct the respondents to allow the petitioner to retire from service on his reaching the date of superannuation on 31.05.2011 with all retirement and service benefits. For petitioner ...Mr.A.Thirumurthy For Respondents ...Mr.T.S.Mohammed Mohideen Addl.Govt. Pleader O R D E R Though applications for a direction and interim stay have been listed, by consent, the Writ petition itself is taken up for final hearing. 2. Challenging the impugned charge memo of the second respondent, issued in letter No.651/AA-2/2007-31 dated 20.12.2010 (served only on 28.02.2011) and the consequential order not permitting the petitioner to retire from service on attaining superannuation on 31.05.2011, the petitioner has come up with the present Writ Petition. 3. The case of the petitioner is that he was working as Village Administrative Officer, Anumanthanpatti, Uthammapalayam Taluk, Theni District. He attained the age of superannuation on 31.05.2011. During the year 2000-2001, when he was working as a Village Administrative Officer, as there was no taker for purchase of copra and the price of copra has fallen to feet and in order to protect the coconut farmers, the Central Government https://hcservices.ecourts.gov.in/hcservices/ 2 announced a scheme of procurement of copra under minimum price support scheme through TANFED as nodal agency. The petitioner, who is a Village Administrative Officer, issued the Adangal and Chitta Extracts to the pattadars, who reared coconut trees and not to the brokers and he has not committed any lapses. While so, a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules 1955 has been issued against him by the second respondent on 20.12.2010. The petitioner has given a reply on 09.03.2011 to the said charge memo. In the backdrop of the matter, the petitioner has come up with the present Writ Petition challenging the impugned charge memo dated 20.12.2010. 4. A similarly placed person, viz., L.Frederick Jayaseelan, has approached this Court by way of filing Writ Petitions in W.P.(MD)Nos.8924 of 2006 and 6508 of 2009, challenging the order retaining him in service and this Court, after considering the matter in detail, came to the conclusion that there is an inordinate delay in issuing a charge memo and quashed the order of suspension and also the order retaining the petitioner therein in service. 5. In view of the above stated position and in view of the fact that the petitioner herein is also a similarly placed person, I am of the considered view that the impugned charge memo issued against the petitioner has to be quashed and accordingly, quashed. The Writ Petition, therefore, stands allowed. It is needless to say that the respondents have to settle the entire terminal benefits to the petitioner. Consequently, the connected miscellaneous petitions are closed. No costs. Sd/- Assistant Registrar(CO) /True copy/ Sub Assistant Registrar(CS) To 1.The Secretary to Government, The State of Tamil Nadu, Revenue Department, Secretariat, Chennai – 600 009. 2.The Agricultural Production Commissioner and Principal Secretary to Government Agriculture (AA-2) Department Secretariat, Chennai. 3.The District Collector, Theni District. 4.The Revenue Divisional Officer, Uthammapalayam, Theni District. +1 CC to M/s A.Thirumurthy, Advocate, SR.NO.18902 +1 CC to the Special Government Pleader, SR.No.19236 RR W.P.(MD) No.3530 of 2011 and M.P.Nos.1 and 2 of 2011 17.06.2011 TR : 29.06.2011 : 2p/7c https://hcservices.ecourts.gov.in/hcservices/