Madras High Court
(Heard Through Vc) vs The Secretary on 26 February, 2021
W.P.No.4212 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.02.2021
CORAM:
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
W.P.No.4212 of 2021
and
W.M.P.Nos.4811 & 4812 of 2021
(Heard through VC)
C.Ambikapathi ... Petitioner
-vs-
1.The Secretary,
Tamil Nadu Government Housing and Urban
Development Department,
Fort St.George,
Chennai - 600 009.
2.The Managing Director,
Tamil Nadu Housing Board,
Anna salai, Nandanam,
Chennai - 600 035.
3.The Administrative Officer,
493, Anna Salai,
Nandanam,
Chennai - 600 035. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus to call for the
impugned letter vide letter No.ONP7/79355/1993 passed by the 3rd
respondent dated 09.07.2019 and quash the same and further direct
the respondents to grant all terminal and monetary benefits towards
the petitioner from the date of dismissal of service.
For Petitioner : Mr.V.Elumalai
For Respondent-1 : Mr.P.Karthikeyan
Additional Government Pleader
1/4
https://www.mhc.tn.gov.in/judis/
W.P.No.4212 of 2021
ORDER
The petitioner has come forward with the present writ petition
challenging the impugned letter in No.ONP7/79355/1993 passed by the
3rd respondent dated 09.07.2019 and consequential direction to the
respondents to grant all terminal and monetary benefits to the
petitioner from the date of dismissal of service.
2. Mr.P.Karthikeyan, learned Additional Government Pleader takes
notice on behalf of the respondent No.1. Since no adverse order is
passed against the respondent Nos. 2 & 3, notice to the respondent
Nos.2 & 3 is dispensed with.
3. By consent of both parties, the writ petition is taken up for final
disposal at the admission stage itself.
4. According to the petitioner, he was employed in the Housing
Board as Assistant Engineer and he has been implicated in a false
Criminal Case. He has been convicted by the Criminal Court in
Spl.C.C.No.29/1997. Against the judgment of conviction, the petitioner
has preferred an appeal before this Court in Crl.A.No.375 of 2013,
https://www.mhc.tn.gov.in/judis/
W.P.No.4212 of 2021
wherein, the punishment imposed by the trail Court was set aside by
this Court. Against the order of acquittal, the State has preferred an
appeal in Crl.A.No.535 of 2014 and the same was dismissed by this
Court by order dated 02.01.2018. It is seen that serious charges have
been foisted against the petitioner under the various provisions of
Prevention of Corruption Act, 1988.
5. It is no doubt true, that the petitioner's relief could have been
granted, provided there was no disciplinary proceedings initiated
against the petitioner. From the impugned order dated 09.07.2019, it
is seen that disciplinary proceedings have been initiated against the
petitioner and he has been dismissed from service as early as in the
year 2004 itself. That being the case, the relief sought for by the
petitioner that he is entitled to all monetary benefits, cannot be
acceded to.
6. I find that there is no merit in the writ petition and the same is
dismissed. Consequently, the connected miscellaneous petitions are
closed. No costs.
26.02.2021
Index: Yes / No
Internet: Yes/No
Speaking order /Non speaking order
rsi
https://www.mhc.tn.gov.in/judis/
W.P.No.4212 of 2021
S.VAIDYANATHAN,J.
rsi
To
1.The Secretary,
Tamil Nadu Government Housing and Urban
Development Department,
Fort St.George,
Chennai - 600 009.
2.The Managing Director,
Tamil Nadu Housing Board,
Anna salai, Nandanam,
Chennai - 600 035.
3.The Administrative Officer,
493, Anna Salai,
Nandanam,
Chennai - 600 035.
W.P.No.4212 of 2021
and
W.M.P.Nos.4811 & 4812 of 2021
26.02.2021
https://www.mhc.tn.gov.in/judis/
