The State Of Tamil Nadu vs P.Selvanayagam
2024 Latest Caselaw 20532 Mad

Madras High Court

The State Of Tamil Nadu vs P.Selvanayagam on 29 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                         W.A.(MD) No.2141 of 2024


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 29.10.2024

                                                   CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                          W.A.(MD)No.2141 of 2024
                                                    and
                                         C.M.P.(MD) No.15115 of 2024


                 1.The State of Tamil Nadu,
                   Rep by its Secretary,
                   Revenue and Disaster Management Department,
                   Services Wing, Ser.2(1) Section,
                   Fort St George, Chennai - 9.

                 2.The Additional Chief Secretary,
                   Commissioner of Revenue Administration,
                   Revenue Administration and Disaster
                        Management Department,
                   Ezhilagam, Chepauk,
                   Chennai-600 005.                                    ... Appellants
                                                      -vs-


                 P.Selvanayagam,
                 Special Deputy Collector / Land
                       Acquisition (under Suspension),
                 SIPCOT, Thoothukudi,
                 Thoothukudi District.                            ... Respondent

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                                                                                       W.A.(MD) No.2141 of 2024




                           Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ

                 Appeal            by   setting     aside   the   order,   dated   10.06.2024,    passed     in

                 W.P.(MD)No.12141 of 2024.



                                   For Appellants       : Mr.S.R.A.Ramachandran,
                                                           Addl. Government Pleader.

                                   For Respondent       : Mr.T.Aswin Rajasimman




                                                            JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

Heard Mr.S.R.A.Ramchandran, learned Additional Government Pleader

appearing for the appellants and Mr.Aswin Rajasimman, the learned counsel

appearing for the respondent.

2.The sole ground on which the Writ Court had interfered with the

orders impugned in the writ petition is that they are in violation of

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G.O.(Ms)No.144 Personnel Administrative Reforms (N) Department, dated

08.06.2007 as well as the judgment of this Court made in W.A.(MD)No.116 of

2010 dated 23.02.2011. Admittedly, the respondent who was a government

servant was kept under suspension on 30.05.2024 and was not allowed to retire

by order dated 31.05.2024. The charges against the respondent were that he had

issued patta to several ineligible beneficiaries. The vigilance officer had

submitted a report on 09.02.2024. However, the suspension had emanated only

on 30.05.2024. The appellants were aware of the fact that there had been

irregularities and the vigilance report had been submitted even on 09.02.2024.

Despite the same, no action was taken till the day prior to the retirement. We

suspect that there is very strong collusion between the disciplinary authority and

delinquent employee. However, our hands are tied because of the action of the

Government in issuing G.O.(Ms)No.144 laying down guidelines for passing

order of suspension prior to the date of retirement and also judgment of this

Court in W.A.(MD)No.116 of 2010 wherein the Government order was

considered and it was held that if the disciplinary authority had knowledge of the

delinquency three moths prior to the date of retirement when suspension order

cannot be passed the day prior to the retirement. Hence, we are forced to uphold

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the judgment of the learned Single Judge. The writ appeal fails and it is

accordingly dismissed. No costs. Consequently, connected miscellaneous petition

is closed.

                 NCC              : No             [R.S.M., J.]      [L.V.G., J.]
                 Index            : No                     29.10.2024
                 ias

                 To:

                 1.The Secretary,

Revenue and Disaster Management Department, Services Wing, Ser. 2(1) Section, Fort St George, Chennai - 9.

2.The Additional Chief Secretary, Commissioner of Revenue Administration, Revenue Administration and Disaster Management Department, Ezhilagam, Chepauk, Chennai-600 005.

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R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

ias

29.10.2024

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