The Tamil Nadu Khadi And Village ... vs R.Rajapandian
2023 Latest Caselaw 9205 Mad

                                                                      W.A.(MD) No.1209 of 2023


                            BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                            DATED : 28.07.2023

                                                   CORAM:

                           THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                            and
                    THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

                                       W.A.(MD) No.1209 of 2023
                                                  and
                                       C.M.P.(MD)No.9103 of 2023


                 1.The Tamil Nadu Khadi and Village Industries Board,
                   Rep. by its Board of Directors,
                   Kuralagam, Chennai-108.

                 2.The Chief Executive Officer,
                   Tamil Nadu Khadi and Village Industries Board,
                   Kuralagam, Chennai-600 108.

                 3.The Assistant Director,
                   Khadi and Village Industries Board,
                   Madurai-18.                       ... Appellants/Respondents 1 to 3

                                                    -vs-

                 R.Rajapandian                       ... Respondent/Writ Petitioner


                 PRAYER: Writ Appeal has been filed under Clause 15 of Letters Patent

                 to set aside the order, dated 17.02.2022made in W.P.(MD)No.3282 of

                 2015 on the file of this Court.


                 ____________
                 Page 1 of 8

https://www.mhc.tn.gov.in/judis
                                                                           W.A.(MD) No.1209 of 2023




                                  For Appellants       : Mr.Raguvaran Gopalan


                                  For Respondent       : Mr.S.Louis


                                                    JUDGMENT

D.BHARATHA CHAKRAVARTHY, J.

This Writ Appeal is directed against the order of the learned Single

Judge, dated 17.02.2022 made in W.P.(MD)No.3282 of 2015. The

learned Single Judge partly allowed the writ petition filed by the

respondent, setting aside the punishment of removal from service,

however, confirming the part of penalty in respect of the recovery of a

sum of Rs.4,27,203.25/-. This apart an additional sum of Rs.2,00,000/-

is also directed to be paid by the respondent/writ petitioner to the

appellants. Finally, the learned Single Judge directed the

respondents/appellants to consider the consequential relief since the

punishment of removal from service is set aside and directed passing of

fresh orders. Aggrieved by the same, the respondent in the writ petition,

namely, the Tamil Nadu Khadi and Village Industries Board and others

are on appeal before this Court.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1209 of 2023

2. The respondent/writ petitioner joined service of the appellants

as Khadi Assistant in the year 1975. On 09.12.2000, a charge memo

was issued to the respondent/writ petitioner stating that the Khadi cloth

was sold on credit basis to private individuals in violation of the

instructions and thereby, causing loss to the tune of Rs.3,07,638.25/-.

Ultimately, the proceedings culminated into an order of punishment

dated 15.11.2002. The respondent/writ petitioner preferred an appeal

which was also rejected. Aggrieved thereof, the respondent/writ

petitioner preferred W.P.(MD)No.4683 of 2004 which was allowed on

27.09.2007 on the following terms:-

“...13. Under these circumstances, this Court has no hesitation in setting aside the appellate order as well as the original order. Accordingly, they are set aside and the writ petition stands allowed. No costs. The respondent Board is at liberty to conduct an enquiry afresh in the manner known to law regarding the charges leveled against the petitioner.

14. It is seen from the records that the petitioner had already reached the age of superannuation and therefore, if at all any enquiry was conducted, the said enquiry can be only with reference to fixation of an alleged loss committed by the

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1209 of 2023

petitioner and he cannot be imposed with any penalty by a disciplinary action.”

3. Thereafter, once again, the enquiry was conducted and again a

punishment of dismissal from service was imposed by the impugned

order dated 17.07.2014. Therefore, the learned Single Judge considered

the case of the parties and allowed the writ petition in as much as

already the matter has attained finality in view of the above

pronouncement in the earlier writ petition and directed only the

recovery and the additional compensation to be made from the

respondent.

4. Heard Mr.Raguvaran Gopalan, learned counsel appearing for

the appellants and Mr.S.Louis, learned counsel appearing for the

respondent and perused the material records of the case.

5. We are unable to countenance any of the grounds raised in the

appeal and the submissions made by the learned counsel for the

appellants, since the matter has already been decided by the learned

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1209 of 2023

Single Judge in the earlier round in W.P.(MD)No.4863 of 2004, the

operative portion of which is extracted supra. Admittedly, the said order

has become final. Therefore, the parties are bound by the said directions

and therefore, if at all the enquiry could proceed, it could only be with

regard to the fixation of the alleged loss. Therefore, the learned Single

Judge restricted the relief to the appellants only to the recovery and has

also ordered a further sum of Rs.2,00,000/- as compensation. As a

matter of fact, the respondent/writ petitioner has accepted the said

order. He has even filed a further writ petition in W.P(MD)No.14553 of

2022 to withhold the said amount and pay the balance of the retiral

benefits including pension to him. As a matter of fact, the said writ

petition came to be disposed of by an order dated 07.07.2022. He would

therefore, submitted that till date the amounts are not disbursed to him.

6. In view thereof, this Writ Appeal is without any merits and it is

accordingly dismissed. However, the appellants are directed to comply

with the order in W.P.(MD)No.14553 of 2022 by disbursing all the

benefits payable to him after deducting the amount due as permitted by

the learned Single Judge within a period of two months from the date of

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1209 of 2023

receipt of a copy of this order. No costs. Consequently, connected

miscellaneous petition is closed.

                                                          [S.S.S.R., J.]     [D.B.C., J.]
                                                                   28.07.2023
                 NCC     : Yes / No
                 Index : Yes / No
                 Internet : Yes / No
                 sji


                 To:

                 1.The Superintendent of Police,
                   Virudhunagar District,
                   Virudhunagar.

2.The Deputy Superintendent of Police, Sivakasi Range, Virudhunagar District.

3.The Inspector of Police, M.Pudupatti Police Station, M.Pudupatti, Sivakasi Taluk, Virudhunagar District.

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1209 of 2023

____________

https://www.mhc.tn.gov.in/judis W.A.(MD) No.1209 of 2023

S.S.SUNDAR, J.

and D.BHARATHA CHAKRAVARTHY, J.

sji

W.A.(MD) No.1209 of 2023 and C.M.P.(MD)No.9103 of 2023

28.07.2023

____________

https://www.mhc.tn.gov.in/judis