Madras High Court
The Principal Secretary To ... vs P.Ponnum Perumal on 17 June, 2021
W.A.(MD)No.1243 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 17.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.1243 of 2021
and
CMP(MD)No.5212 of 2021
1.The Principal Secretary to Government,
Commercial Taxes and Registration (H)
Department,
Fort Saint George,
Chennai – 600 009.
2.The Inspector General of Registration,
Office of the Inspector General of Registration,
No.100, Santhome High Road,
Mylapore,
Chennai – 600 004. : Appellants
Vs.
P.Ponnum Perumal : Respondent
PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent, against
the order dated 03.04.2019 made in W.P.(MD)No.9791 of 2018, on the file
of this Hon'ble Court and allow this Writ Appeal.
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W.A.(MD)No.1243 of 2021
For Appellants : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent : Mr.D.Veerasekaran
JUDGMENT
***************
[Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]
By consent of both parties, the appeal itself is taken up for final
disposal.
2.Heard Mr.A.K.Manickam, learned Standing Counsel for
Government appearing for the appellants and Mr.D.Veerasekaran, learned
counsel appearing for the respondent.
3.This appeal by the Principal Secretary to Government,
Commercial Taxes and Registration (H) Department and the Inspector
General of Registration is directed against the order dated 03.04.2019 in
W.P.(MD)No.9791 of 2018. The said writ petition was filed by the
respondent, challenging the Government order in G.O.(D)42, dated
12.03.2018, by which a punishment of postponing of increment for a
period of one year without cumulative effect was imposed on the
respondent / writ petitioner.
4.The learned Writ Court after taking into consideration the
facts and circumstances of the case, had held that the punishment
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W.A.(MD)No.1243 of 2021
imposed is excessive and held that the consequent recovery is also not
justified. Accordingly, the Writ Petition was allowed and the order dated
12.03.2018, was set aside and with an observation that it is open to the
appellant to give a warning to the respondent / writ petitioner to follow
the rules strictly in future. The Writ Appeal was filed in September 2020,
along with a delay of 465 days. Though sufficient cause was not shown
for condonation of the inordinate delay in filing the writ appeal, we
exercised discretion and condoned the delay on account of certain
subsequent developments which had taken place at the instance of the
second appellant during the pendency of the condone delay petition.
5.After the writ petition was allowed, the respondent addressed
the appellants through his counsel, requesting for implementation of the
order and direction in the writ petition and to refund the amount of
Rs.2,27,011/- recovered from the salary of the respondent. Pursuant to
the same, the second appellant by communication dated 31.10.2020, after
referring to the Government Letter dated 14.10.2020, informed the
respondent / writ petitioner that steps have been taken for refund of the
amount which was recovered from the respondent. Thereafter, the
District Registrar, Marthandam by communication dated 24.04.2021,
communicated the letter passed by the second appellant dated
21.04.2021, by which the amount which was recovered from the
respondent / writ petitioner namely, Rs.2,27,011/- was directed to be
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W.A.(MD)No.1243 of 2021
encahsed from the State Bank of India, Kulithurai Branch and paid to the
respondent / writ petitioner.
6.In the light of the above orders, the appellants cannot pursue
the writ appeal more, particularly, when there was no sufficient cause
shown for not preferring an appeal within the time permitted. As noticed
above, the learned Writ Court while allowing the writ petition and setting
aside the order of punishment has made an observation that it would be
open to the appellant department to issue a warning to the respondent /
writ petitioner.
7.In our considered view, as the order of punishment having
been set aside in its entirety, an observation for warning the writ
petitioner may not be appropriate. In any event, the appellants have
implemented the order passed in the writ petition and all that is required
to be done is the amount has to be remitted to the bank account of the
respondent / writ petitioner. Therefore, we are of the view that the order
passed by the learned Writ Court insofar as it quashes the order of
punishment does not call for any interference. However, in the facts and
circumstances of the case, we do not find any merit in giving liberty to
the appellant department to give warning to the respondent / writ
petitioner.
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W.A.(MD)No.1243 of 2021
8.In the result, the Writ Appeal is dismissed and the amount of
Rs.2,27,011/- shall be credited to the bank account of the respondent /
writ petitioner within ten [10] days from the date of receipt of a copy of
this order, if not already credited. The liberty granted to the appellant
department to give a warning to the respondent / writ petitioner stands
deleted. We also note that the respondent / writ petitioner has retired
from service on attaining the age of superannuation on 31.08.2019 and in
fact, the respondent / writ petitioner has also reserved his right to claim
notional promotion, which according to him was denied, on account of the
order of punishment which has now been quashed. However, there shall
be no order as to costs. Consequently, the connected miscellaneous
petition is closed.
[T.S.S., J.] & [S.A.I., J.]
17.06.2021
Index : Yes / No
Internet : Yes / No
MR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized
for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy,
shall be the responsibility of the advocate/litigant
concerned.
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W.A.(MD)No.1243 of 2021
To
1.The Principal Secretary to Government,
Commercial Taxes and Registration (H)
Department,
Fort Saint George,
Chennai – 600 009.
2.The Inspector General of Registration,
Office of the Inspector General of Registration,
No.100, Santhome High Road,
Mylapore,
Chennai – 600 004.
https://www.mhc.tn.gov.in/judis/
W.A.(MD)No.1243 of 2021
T.S.SIVAGNANAM, J.
AND
S.ANANTHI, J.
MR
JUDGMENT MADE IN
W.A.(MD)No.1243 of 2021
17.06.2021
https://www.mhc.tn.gov.in/judis/
