SAKTHIVEL Vs. DISTRICT COLLECTOR, KARUR DISTRICT

JUDGEMENT

(1.) The writ petition has been filed by the petitioner for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the proceedings made in Na.Ka.A5/21407/2009, dated 06.07.2012 on the file of the 2nd respondent and quash the same and to direct the first respondent to pay pension, terminal benefits and other benefits to the petitioner.

(2.) The writ petitioner, who was working as Village Administrative Officer in Karur Taluk was suspended for allegedly involving in using of bogus seals with Government Emblem by the third respondent. A case was filed in Karur Police Station in Crime No.215/03. The Judicial Magistrate No.I, Karur delivered judgment in C.C.No.51/06 dated 23.07.2008. Hence, the third respondent passed orders to dismiss the petition in RC.847/2003/A3 dated 10.09.2008. Then, the petitioner preferred an appeal petition to the second respondent on 31.10.2009 and filed a writ petition in W.P.(MD).No.419 of 2011 before this Court, requesting to pass orders on the appeal petition, dated 31.10.2009. By order dated 19.01.2011, this Court had directed the District Revenue Officer/the second respondent to pass orders on merits in accordance with law. Hence, the second respondent had passed orders in the proceedings in RC.No.A5/21407/2009, dated 06.07.2012 and rejected the petitioner's prayer.

(3.) After conclusion of the enquiry, the third respondent/RDO, relying upon the conviction passed by the Judicial Magistrate Court, has ordered for dismissal from service against which he preferred an appeal to the second respondent and since no order has been passed, he preferred the above said writ petition wherein the second respondent was directed to dispose of the appeal and the same was complied with, whereby the order of dismissal passed by the third respondent is confirmed by the second respondent and hence this writ petition.