Madras High Court
The State Of Tamil Nadu vs K.Arumugam on 10 July, 2023
W.A(MD)No.1022 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 10.07.2023
CORAM:
THE HONOURABLE MR.JUSTICE S.S.SUNDAR
and
THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A(MD)No.1022 of 2023
and
C.M.P(MD)No.7818 of 2023
1. The State of Tamil Nadu
Rep. by its Agricultural Production Commissioner,
cum Principal Secretary,
Fort St.George,
Chennai-600 009.
2. Commissioner of Agriculture,
Ezhilagam,
Chepauk,
Chennai-600 005. ... Appellants
-vs-
K.Arumugam ... Respondent
PRAYER : Appeal filed under Clause 15 of the Letters Patent,
against the order dated 08.06.2022 made in W.P(MD)No.7490 of
2020.
For Appellants : Mr.J.K.Jayaseelan, Government Advocate
For Respondent : Mr.S.Louis
Page 1 of 6
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1022 of 2023
JUDGMENT
[Judgment of the Court was made by S.S.SUNDAR, J.]
This writ appeal is directed against the order made in
W.P(MD)No.7490 of 2020 dated 08.06.2022.
2. The respondent who was employed as an Agricultural
Development Officer, was issued with a charge memo dated
29.09.2008 alleging that he had failed to conduct Farmers Field School
Trainings under the Integrated Cereals Development Programme in
four villages during the year 2002-2003 and six villages in the year
2003-2004 and created false records as if the trainings were
conducted, thereby, the respondent misappropriated a sum of
Rs.29,265/-. Pursuant to an enquiry, a punishment of compulsory
retirement was imposed on 03.03.2020. This order was challenged
before the Writ Court. The learned Single Judge finding that the
punishment was imposed on the basis of the report received from the
Tamil Nadu Public Service Commission without even serving a copy of
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1022 of 2023
the report to the respondent, set aside the impugned order. The delay
in initiating disciplinary action and that the order impugned in the writ
petition was one without reasoning, were also cited as reasons for
setting aside the impugned order imposing the punishment of
compulsory retirement. As against the said order, this appeal is filed.
3. The learned counsel for the respondent has relied upon a
judgment of this Court in W.A(MD)No.625 of 2022, dated
29.06.2022 (The Agricultural Production Commissioner and
Principal Secretary to Government, Chennai vs.
J.Murugabharathi) and contended that when similar charges were
framed against the employee in the said case, this Court in the said
appeal, has modified the punishment of compulsory retirement as
stoppage of increment for a period of 18 months without cumulative
effect and further direction was also issued to the appellant therein to
reinstate the employee/respondent therein in service within a period
of four weeks from the date of receipt of the order.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1022 of 2023
4. The learned Government Advocate appearing for the
appellant conceded that this Court can dispose of the appeal in terms
of the aforesaid order passed in W.A(MD)No.625 of 2022, dated
2906.2022.
5. Accordingly, the order passed in the writ petition is
modified in terms of the order made in W.A(MD)No.625 of 2022, dated
29.06.2022 and this Writ Appeal is disposed of with the following
directions:-
(i) The order passed in the writ petition is modified and the
punishment of compulsory retirement imposed on the respondent is
modified as stoppage of increment for a period of 18 months without
cumulative effect
(ii) Since the respondent/employee has already reached the age
of superannuation, the monetary equivalent of the increment cut for a
period of 18 months can be computed and can be recovered from the
retiral benefits payable to the respondent.
(iii) The entire period of service of the respondent shall be
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1022 of 2023
calculated for the purpose of pension and the respondent is also
entitled to all the consequential service and monetary benefits upto
the date of retirement namely, 31.01.2018.
(iv) The aforesaid directions shall be implemented within a
period of three months from the date of receipt of a copy of this
judgment.
No costs. Connected miscellaneous petition is closed.
[S.S.S.R, J.] [D.B.C., J.]
10.07.2023
Index : Yes / No
Neutral Citation : Yes / No
bala
To
1. The Agricultural Production Commissioner,
cum Principal Secretary,
State of Tamil Nadu,
Fort St.George,
Chennai-600 009.
2. Commissioner of Agriculture,
Ezhilagam,
Chepauk,
Chennai-600 005.
https://www.mhc.tn.gov.in/judis
W.A(MD)No.1022 of 2023
S.S.SUNDAR, J.
and
D.BHARATHA CHAKRAVARTHY, J.
bala
W.A(MD)No.1022 of 2023
10.07.2023
https://www.mhc.tn.gov.in/judis
