The State Of Tamil Nadu vs K.Vidya
2023 Latest Caselaw 12932 Mad

    2023/MHC/4334



                                                           1

                                  BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 21.09.2023

                                                        CORAM:

                             THE HONOURABLE MR.JUSTICE S.S.SUNDAR
                                            AND
                      THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRVARTHY

                                             W.A(MD)NO.1574 OF 2023
                                                      and
                                            C.M.P(MD)No.12203 of 2023


                     1.The State of Tamil Nadu,
                       represented by its Additional Secretary to Government,
                       Finance(T&A-1)Department,
                       Secretariat,
                       Chennai – 600 009.

                     2.The District Treasury Officer/Enquiry Officer,
                       Trichy.                       :Petitioners/Appellants/Respondents


                                                 .vs.


                     K.Vidya                            : Respondent/Respondent/Writ
                                                                          Petitioner


                     PRAYER: Writ Appeal filed under Clause 15 of the Letters Patent
                     praying this Court to set aside the order passed by this Court in
                     W.P(MD)No.24734 of 2019, dated 11.10.2022.


                                      For Appellants           :Mr.Veera Kathiravan
                                                                Addl.Advocate General
                                                                assisted by
                                                                Mr.J.Ashok,
                                                               Addl.Govt.Pleader


https://www.mhc.tn.gov.in/judis
                                                             2

                                       For Respondent            :Mr.D.Selvanayagam


                                                    JUDGMENT

********* [Judgment of the Court was made by D.BHARATHA CHAKRVARTHY.,J.]

This Writ Appeal is directed against the order of the learned

Single Judge, dated 11.10.2022 in W.P(MD)No.24734 of 2019, in

and by which, the Writ Court has allowed the Writ Petition filed by

the Writ Petitioner.

2.Mr.D.Selvanayagam, learned counsel is already on record

for the sole respondent. By consent of both parties, the Writ Appeal

is taken up for final disposal at the admission stage itself.

3.In the Writ Petition, the Writ Petitioner has challenged the

Government Orders passed by the first appellant in G.O(2B) No.50,

dated 28.09.2018 and G.O(2B)No.46, dated 03.09.2019,wherein,

the punishment of censure was imposed as against the Writ

Petitioner.

4.The learned Single Judge, after hearing both sides, found

that the findings of the Enquiry Officer are perverse and that the

charge No.7 is not maintainable and also held that the orders https://www.mhc.tn.gov.in/judis

impugned in the Writ Petition are cryptic, non-speaking and on total

non-application of mind and accordingly, the learned Single Judge

had allowed the Writ Petition with certain directions.

5.When the matter came up for hearing today, the learned

counsel appearing for the sole respondent would submit that as per

the impugned orders, the punishment imposed on the Petitioner is

only a censure and that none of the retirement benefits were

settled and the Writ Petitioner/Respondent has been made to run

from pillar to post for getting his retirement benefits. The learned

counsel would further submit that the order of punishment of

censure shall stand, provided the appellants settle the retirement

benefits to the Writ Petitioner/respondent within the time

prescribed by this Court.

6.In reply to the same, the learned Additional Advocate

General appearing for the appellants would submit that if the Writ

Petitioner/respondent concedes to the position that the order of

punishment of censure shall stand, he has no further claim in the

Writ Appeal.

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

7.In view of the submissions made on either side, this Court

is inclined to dispose of the above Writ Appeal, on the following

directions:

(i)the order of the learned Single Judge, dated 11.10.2022

made in W.P(MD)No.24734 of 2019 is set aside;

(ii)the Government Orders impugned in the Writ Petition ie.,

G.O(2B) No.50, dated 28.09.2018 and G.O(2B)No.46, dated

03.09.2019 shall be in force;

(iii)the Writ petitioner/respondent herein is entitled to all the

retirement benefits eligible to him, as the punishment of censure

imposed by the first appellant shall stand;

(iv)all the retirement benefits due and payable to the Writ

Petitioner/Respondent is directed to be paid to him at the earliest,

in any event, preferably within a period of 12 weeks from the date

of receipt of a copy of this judgment.

8.With the above directions, the Writ Appeal stands disposed

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of. No costs. Consequently, connected Miscellaneous Petition is

closed.

                                                        [S.S.S.R.,J.]      [D.B.C.,J.]
                                                                    21.09.2023


                     Index:Yes/No
                     Internet:Yes/No
                     NCC:Yes/No
                     vsn

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

S.S.SUNDAR, J.

AND D.BHARATHA CHAKRAVARTHY, J.

vsn

JUDGMENT MADE IN W.A(MD)NO.1574 OF 2023 and C.M.P(MD)No.12203 of 2023

21.09.2023

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