Madras High Court
Lilly vs The Managing Director on 2 January, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.35398 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2024
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.35398 of 2023
Lilly ... Petitioner
Vs.
1.The Managing Director,
Tamilnadu Adi dravidar Housing and Development Corporation,
No.31, Cenoteph Road, 2nd Lane,
Teynempet, Chennai
2.Directorate of Vigilance and Anti-Corruption,
No.293, M.K.N.Road,
Alanthur, Chennai-16 ... Respondents
PRAYER: Writ Petition is filed under Article 226 of Constitution of
India praying to issue Writ of Mandamus directing the first respondent
herein to extend all service benefits as requested in the petitioner's
representation dated 08.02.2023.
For Petitioner : Mr.A.Mothiyalagan
for Dr.R.Sampath Kumar
For Respondents
For R2 : Mr.S.Rajesh,
Government Advocate
1/6
https://www.mhc.tn.gov.in/judis
W.P.No.35398 of 2023
ORDER
This writ petition has been filed for direction to the first
respondent to extend all service benefits to the petitioner.
2. The petitioner had joined in the Department of Tamilnadu
Adidravidar Housing and Development Corporation during the year
1975. Thereafter, he was promoted to the post of District Manager in
Chennai District. While being so, he was arrested and remanded to
judicial custody by the Vigilance and Anti Corruption in pursuant to the
registration of FIR in crime No.4 of 2013. In pursuant to the arrest, he
was suspended from service on 23.03.2013. He attained his age of
superannuation on 31.03.2014. Therefore, his suspension period was
extended and he was not allowed to retire. After completion of
investigation, final report was filed and the same has been taken
cognizance in CC.No.13 of 2015 for charges under Sections 7 and 13(2)
r/w 13(1)(D) of Prevention of Corruption Act. However, it ended in
acquittal by the judgment dated 03.01.2023. Based on the judgment
passed by the criminal court, departmental enquiry also ended as all the
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charges are not proved by enquiry report dated 21.02.2023. Thereafter,
final order was also passed by dropping all the charges against the
petitioner. Therefore, he submitted representation on 08.02.2023
requesting the first respondent to permit him to retire from service and
sought for payment of DCRG, leave salary and leave encashment, etc and
other service benefits.
3. The learned counsel for the second respondent would submit
that as against the order of acquittal passed in CC.No.13 of 2015, the
second respondent filed appeal.
4. Heard, the learned counsel appearing on either side.
5. On perusal of records, the second respondent failed to
produce any document to show that the second respondent filed appeal as
against the order of acquittal. It is also seen that the criminal court
acquitted the petitioner by the judgment dated 03.01.2023, Now, one year
has lapsed and even then, no appeal has been filed. That apart, based on
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the enquiry report, the first respondent by its proceedings dated
21.02.2023, exonerated the petitioner from all the charges. Therefore, the
petitioner is entitled to retire from service with all service benefits.
6. In view of the above, the first respondent is directed to
permit the petitioner to retire from service with all attendant benefits
which is applicable to the petitioner within a period of four weeks from
the date of receipt of copy of this order.
7. With the above direction, this writ petition is disposed of.
There shall be no order as to costs.
02.01.2024
Internet: Yes
Index: Yes/No
Speaking/Non-speaking order
lok
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To
1.The Managing Director,
Tamilnadu Adi dravidar Housing and Development Corporation,
No.31, Cenoteph Road, 2nd Lane,
Teynempet, Chennai
2.Directorate of Vigilance and Anti-Corruption,
No.293, M.K.N.Road,
Alanthur, Chennai-16
3. The Government Advocate,
High Court, Madras.
https://www.mhc.tn.gov.in/judis
G.K.ILANTHIRAIYAN, J.
lok
02.01.2024
https://www.mhc.tn.gov.in/judis
