M.MANOHARAN Vs. PRINCIPAL SECRETARY, REVENUE DEPARTMENT

JUDGEMENT

(1.) This Writ petition has been filed by the writ petitioner, to call for the records from the 3rd Respondent herein and to quash the proceedings in R.C.NO.24162/2015/A.4/ dated 21/05/2018 u/S 17(b) Tamil Nadu Civil Services (Discipline and Appeal) Rules and direct the 2nd respondent to reinstate the petitioner as per the proceedings in Ser7(2)/22932/2017/dated 23.03.2018 immediately as per Tamil Nadu Fundamental Rule 54(4) and further direct the 1st respondent to grant posting above the juniors to the petitioner.

(2.) On instructions from the client, who was personally available with the learned counsel throughout the Virtual Court proceedings, learned counsel appearing for the petitioner placed her submissions before the Court.

(3.) It is submitted by the learned counsel for the petitioner that though the writ petition was filed for challenging the charge memo, pending the writ petition, the petitioner was allowed to retire on 31.03.2020, without prejudice to the charges pending against the petitioner. It is the submission of the learned counsel for the petitioner that the petitioner having been allowed to retire without invoking the provisions of Rule 56 (1) (c) of the Fundamental Rules, renders the charge memo invalid and is liable to be quashed. In this regard, learned counsel placed reliance upon the decision of this Court in 2005 (3) CTC 4 [The State of Tamil Nadu Vs. R.Karuppiah], wherein the issue stood already settled by the Division Bench.