Madras High Court
R.Sivasamy vs The Principal Secretary To ... on 6 July, 2022
WP No.298 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 06-07-2022
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
WP No.298 of 2015
And
MP Nos.1 to 3 of 2015
R.Sivasamy .. Petitioner
vs.
1.The Principal Secretary to Government,
Cooperation, Food and Consumer Protection
Department,
Fort St. George,
Chennai – 9.
2.The Registrar of Cooperative Societies,
Kilpauk,
Chennai – 10. .. Respondents
Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for
the entire records relating to the impugned Letter No.5375/CL1/2006-18,
dated 01.11.2010 passed by the first respondent and quash the same and
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WP No.298 of 2015
consequently directing the respondents to disburse the retirement benefits to
the petitioner as per judgment delivered by the Hon'ble Supreme Court in
C.A.No.6770 of 2013, dated 14.08.2013.
For Petitioner : Mr.C.Prakasam
For Respondents : Ms.S.Anitha,
Special Government Pleader.
ORDER
The charge memo dated 01.11.2010 issued by the first
respondent-Government, is under challenge in the present writ petition.
2. The writ petitioner was holding the post of Cooperative Sub
Registrar and the impugned charge memo has been issued by the first
respondent in proceedings dated 01.11.2010.
3. The counter-affidavit filed by the respondents reveals that the
petitioner has failed to inform about the pendency of another disciplinary
case initiated against him under Rule 17(b) of the Tamil Nadu Civil Services
(Discipline and Appeal) Rules, by the Joint Registrar of Cooperative
Societies, Tiruchirappalli in charge memo dated 23.09.2009. Now that the
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WP No.298 of 2015
said disciplinary case has been disposed of by the Government in G.O.(D)
No.98, Cooperation, Food and Consumer Protection Department, dated
09.03.2016. Therefore, the pension and death-cum-retirement gratuity will
be disbursed by the second respondent to the petitioner.
4. As far as the impugned charge memo dated 01.11.2010 is
concerned, the counter-affidavit filed by the respondents reveals that the first
respondent had dropped the charge memo dated 01.11.2010 in G.O.(2D)
No.35, Cooperation, Food and Consumer Protection Department, dated
05.02.2015.
5. In view of the fact that the impugned charge memo had
already been dropped and the another disciplinary proceeding was disposed
of, there is no impediment for the settlement of terminal and pensionary
benefits to the writ petitioner.
6. Accordingly, the writ petition stands disposed of. However,
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WP No.298 of 2015
there shall be no order as to costs. Consequently, connected miscellaneous
petitions are closed.
06-07-2022
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
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To
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WP No.298 of 2015
1.The Principal Secretary to Government,
Cooperation, Food and Consumer Protection
Department,
Fort St. George,
Chennai – 9.
2.The Registrar of Cooperative Societies,
Kilpauk,
Chennai – 10.
S.M.SUBRAMANIAM, J.
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WP No.298 of 2015
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WP 298 of
06-07-2022
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