1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.07.2011 C O R A M THE HONOURABLE Mr. JUSTICE S.MANIKUMAR Writ Petition (MD)No.7652 of 2011 and M.P (MD) No.1 of 2011 R.Shanmuga Sundaram ... Petitioner Vs 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture (AA-2) Department, Secretariat, Chennai – 600 009. 2.The Joint Director of Agriculture, Sivagangai District, Sivagangai. ... Respondents Prayer: Petition is filed under Article 226 of the Constitution of India praying for the issuance of a writ of Certiorarified Mandamus to call for the records of the first respondent relating to G.O.(3-D) No.16 Agriculture (AA-2(2)) Department dated 27.01.2009 and Government letter No.27533/AA2/2006-07 Agriculture Department dated 13.01.2011 and quash the same and consequently direct the respondents to send pension proposals within a specified time frame. For Petitioner : Mr.S.Visvalingam For Respondents : Mr.S.Chandrasekar Government Advocate O R D E R The writ petition has been filed to quash the Government Order in G.O.(3-D) No.16 Agriculture (AA-2(2)) Department dated 27.01.2009 and Government letter No.27533/AA2/2006-07 Agriculture Department dated 13.01.2011, and consequently, the petitioner has sought for a direction to the respondents to send pension proposals. 2. Pleadings and materials on record disclose that earlier, Government have initiated prosecution against various officials belonging to the Agriculture Department and that First Information Reports were also registered. Subsequently, the Government by G.O.Ms.No.210, Agriculture Department AA-2 dated 09.10.2009, has withdrawn the prosecution. Earlier, when prosecution was pending, the petitioner was not allowed to retire from service on 31.01.2009, the date on which he attained the age of superannuation. In G.O.(3-D)No.16, Agriculture Department, dated 27.01.2009, the petitioner was placed under suspension, on the ground that an enquiry into grave charges was contemplated. https://hcservices.ecourts.gov.in/hcservices/ 2 3. Pleadings further disclose that while withdrawing the prosecution, the Government have ordered departmental action in G.O.No.210, Agriculture Department AA-2, dated 09.10.2009. Pursuant to the said directions, the Government in letter No.27533/AA2/2006-7, Agriculture Department, dated 13.01.2011 have framed charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, alleging that when the petitioner was working as Assistant Director of Agriculture (in charge), Madurai, South Taluk for the period from 22.05.1997 to 21.05.2001, issued identity cards in the name of farmers without field verification and ownership of lands which facilitated middle men and traders to sell copra in Vadipatti Agricultural Producers Cooperative Marketing Society Ltd., Sholavandan between August 2000 and June 2001. 4. Orders in G.O.(3-D) No.16 Agriculture (AA-2(2)) Department dated 27.01.2009 and Government letter No.27533/AA2/2006-07 Agriculture Department dated 13.01.2011, are challenged mainly on the ground of inordinate delay. Reliance has been placed on the decisions of this Court in P.V.Mahadevan Vs. M.D., Tamil Nadu Housing Board reported in 2005 (4) CTC 403.; in W.A.Nos.586 and 587 of 2007, dated 05.11.2007; in W.A.No.610 of 2008, dated 06.03.2009; in T.N.Principal Secretary Home (SC) Department, Chennai and another Vs. R.Ramarajan, IPS Superintendent of Police T.N.Commando Ch-28 and other, reported in 2009(3) TLNJ 132 (Civil); and in B.K.Gunasekaran v. State of T.N. reported in 2010 (7) MLJ 161. 5. Attention of this Court is also invited to an order made in W.P.No.8924 of 2006 & 6508 of 2009, dated 17.03.2010 in L.Frederick Jayaseelan Vs. the Government of Tamil Nadu rep. by its Agricultural Production Commissioner and Secretary to Government and others), wherein this Court, after considering the facts and placing reliance on the decisions of the Hon'ble Supreme Court in P.V.Mahadevan Vs. M.D., Tamil Nadu Housing Board (stated supra) and other cases, has quashed the departmental proceedings initiated against the petitioners therein. At paragraph No.8 of the order, a learned single Judge of this Court has held as follows:- “In view of the judicial dictum laid down by the Apex Court, applying the same to the facts of the present case, there is absolutely no difficulty to conclude that the order of suspension as well as the impugned charge memo are illegal. Since the respondent has not chosen to explain the reason for delay, I am of the considered view that the impugned charge memo is liable to be set aside.” 6. There is no quarrel over similarity of the facts, with the one stated supra. Even Mr.S.Chandrasekar, learned Government Advocate, who took notice for the respondents fairly submitted that disciplinary action initiated against the officials of the Agriculture Department for the alleged delinquency has been quashed in many cases. No appeal seemed to have been filed against the order made in W.P.Nos.8924 of 2006 and 6508 of 2009 dated 17.03.2010. 7. Considering the submissions of both sides and after going through the materials on record and on perusal of the order made in the above said writ petitions in W.P.Nos.8924 of 2006 and 6508 of 2009 dated 17.03.2010, this Court is of the considered view that the petitioner is entitled to the benefit of the orders stated supra. The facts are similar and there is no explanation to the inordinate delay. https://hcservices.ecourts.gov.in/hcservices/ 3 8. For the reasons stated supra, the impugned orders are set aside, consequently, the respondents are directed to send the pension proposals within three months from the date of receipt of a copy of this order. 10. The Writ Petition stands allowed. No costs. Consequently, connected miscellaneous petition is also closed. Sd/- Assistant Registrar(AS) /True copy/ Sub Assistant Registrar(CS) To 1.The Agricultural Production Commissioner and Principal Secretary to Government, Agriculture (AA-2) Department, Secretariat, Chennai – 600 009. 2.The Joint Director of Agriculture, Sivagangai District, Sivagangai. rj2 W.P.(MD)No.7652 of 2011 and M.P(MD)No.1 of 2011 11.07.2011 TR : 20.07.2011 : 3p/3c https://hcservices.ecourts.gov.in/hcservices/