R THANGAM Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Challenge in the writ petition is against the order passed by the first respondent, dated 10.09.2015 G.O.(2D) No.308 Home (Police-IV) Department, withdrawing the pension granted to the petitioner on the ground of conviction ordered in the criminal case and also a fine of Rs.52,000/- imposed against the petitioner.

(2.) The case of the petitioner in brief is as follows:

(3.) On 6.9.2011, by letter No.71275/Pol.IV/2000-27 Home (Pol.IV) Department, dated 9.7.2011, the first respondent issued show cause notice calling for explanation from the petitioner, why the punishment of withdrawal of pension in full should not be imposed. The petitioner submitted explanation on 14.9.2011 and the same was forwarded to the first respondent by the second respondent. However, no final order has been passed. Already, the criminal Court convicted the petitioner in connection with criminal case in S.C.No.155 of 2003. Thus, the stoppage of pensionery benefits would certainly amounts to violation of Article 21 of the Constitution of India. Since the representation of the petitioner was not considered, the petitioner filed W.P.No.No.31094 of 2014, wherein this Court by