The Additional Chief Secretary vs Pon Nandagopal
2024 Latest Caselaw 20563 Mad

Madras High Court

The Additional Chief Secretary vs Pon Nandagopal on 29 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                        W.A(MD)No.2078 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.2078 of 2024
                                                 and
                                      C.M.P.(MD)No.14765 of 2024


              1.The Additional Chief Secretary,
               Government of Tamil Nadu,
               Fort St. George,
               Chennai-9.

              2.The Commissioner,
               Hindu Religious and Charitable Endowment,
               Uthamar Gandhi Salai,
               Nungampakkam,
               Chennai.                              ... Appellants / Respondents

                                                   -vs-
              Pon Nandagopal                                 ... Respondent/ Writ Petitioner




              PRAYER: Appeal filed under Clause 15 of Letters Patent, to set aside the
              order dated 10.04.2023 in W.P.(MD)No.15303 of 2019.


                           For Appellants    : Mr.S.P.Maharajan,
                                               Special Government Pleader

                           For Respondent    : Mr.R.Murali




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https://www.mhc.tn.gov.in/judis
              Page 1 of 4
                                                                         W.A(MD)No.2078 of 2024



                                                 JUDGMENT

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

We see no merit in the appeal. The allegation against the respondent

was that he had appointed teachers hurriedly without following the due

procedure.

2. The Writ Court has from the records found that the due procedure

was followed and the Commissioner, Hindu Religious and Charitable

Endowments Department, has also approved the appointments. The Tamil

Nadu Public Service Commission which is a consultative body has also

opined that there is no violation by the petitioner, if at all there is any

violation, it is only a slight violation.

3. Though the charges were framed against the respondent on

28.02.2011, the respondent retired on 31.07.2012. He was also permitted

to retire and his pension was also sanctioned. Now the disciplinary

authority has passed an order on 03.05.2016 directing a cut in pension.

The Writ Court has found that since there was no violation, the

punishment handed out is not sustainable.

4. We do not see any reason to interfere with the said order. It is also

seen that the Joint Commissioner who was head of the School Committee

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

has not been proceeded against, for the violations. The writ appeal

therefore fails and it is accordingly dismissed. There shall be no order as to

costs. Consequently, connected miscellaneous petition is closed.

                                                           [R.S.M., J.]            [L.V.G., J.]
                                                                    29.10.2024
              NCC      :Yes/No
              Index :Yes/No
              Internet: Yes
              Sml


              To

1.The Additional Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai-9.

2.The Commissioner, Hindu Religious and Charitable Endowment, Uthamar Gandhi Salai, Nungampakkam, Chennai.

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

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

Sml

29.10.2024

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