1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15/09/2011 C O R A M THE HONOURABLE Mr.JUSTICE S.MANIKUMAR Writ Petition (MD)No.10504 of 2011 D.Swaminathan ... Petitioner Vs 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Madurai. ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of Mandamus to direct the respondents to forthwith to pay and disburse the pensionary benefits and other retiral benefits payable to the petitioner. For petitioner ...Mr.G.R.Swaminathan For respondents ...Mr.B.Pugalendhi Special Government Pleader O R D E R The petitioner, has sought for a mandamus, directing the respondents to forthwith pay and disburse the pensionary and retiral benefits. 2. It is the case of the petitioner that while he was working as a Village Administrative Officer, due to civil dispute, an FIR was lodged against him. The department initiated disciplinary proceedings by issuance of a charge memorandum, dated 30.01.2008, containing five charges. The petitioner submitted his explanation. Not satisfied with the same, an Enquiry Officer was appointed, who has submitted a report on 04.06.2008. However, the criminal case initiated against the petitioner is still pending, though he had reached the age of superannuation on 31.01.2008. However, the Revenue Divisional Officer, the second respondent herein, by his order dated 31.01.2008 permitted the petitioner to retire from service without prejudice to the departmental action taken under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. According to the petitioner, nearly 3 and a half years have gone and that since the submission of the enquiry report, dated 04.06.2008, the respondents have not settled the retiral benefits, after allowing him to retire without prejudice to the departmental action, which is arbitrary and that therefore, he has come forward with this writ petition for the relief stated earlier. 3. Mr.B.Pugalendhi, learned Special Government Pleader, who took notice, at the time of admission, submitted that on the basis of the Enquiry Officer's report, proposals have been sent by the Revenue Divisional Officer, Madurai, the second respondent herein, for passing appropriate orders. His submission is placed on record. https://hcservices.ecourts.gov.in/hcservices/ 2 4. Pending enquiry into disciplinary proceedings, initiated against the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, the Revenue Divisional Officer, Madurai, has permitted the petitioner to retire from service. The contention of the petitioner that the Enquiry report, has been drawn on 04.06.2008 by the Deputy Tahsildar, Vadipatti, has not been disputed. As rightly contended that it is the duty of the appointing/disciplinary authorities to pass final orders on the disciplinary proceedings initiated by them. Though, a criminal case, has been registered against the petitioner, in Crime No.488 of 2007 under Sections 406, 419, 420 IPC, on the file of the Oomachikulam Police Station, Madurai, and though a disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules were pending on the date, when the petitioner reached the age of superannuation, permission has been granted to retire from service. After retirement, no major punishments like dismissal, removal or compulsory retirement can be inflicted on the petitioner. 5. In the abovesaid circumstances, the appointing/disciplinary authority is directed to consider the grievance of the petitioner, relating to disbursement of the retiral and pensionary benefits and pass appropriate orders, within a period of two months from the date of receipt of a copy of this order. With the aforesaid direction, the writ petition stands disposed of. No costs. Sd/- Assistant Registrar (Records) /True copy/ Sub Assistant Registrar To 1.The District Collector, Madurai District. 2.The Revenue Divisional Officer, Madurai. +1CC TO THE SPECIAL GOVERNMENT PLEADER, SR.31891 RR SR : 22.09.2011 : 2p/4c Writ Petition No.10504 of 2011 15.09.2011 https://hcservices.ecourts.gov.in/hcservices/