T PERIASAMY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner seeks for issuance of a writ of certiorarified mandamus to quash the charge memo issued by the second respondent, in his proceedings Na.Ka.No.12811/A1/E2/2010, dated 26.03.2010, by calling for the records connected thereto and consequently, to direct the respondents to settle all the Terminal benefits to the petitioner.

(2.) The petitioner was working as Chief Educational Officer in Dindigul. When he was to retire from service on 31.03.2010, a charge memo dated 26.03.2010, was issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. However, he was permitted to retire from service on 31.03.2010, without prejudice to the disciplinary proceedings, by G.O.(1D) No.112, School Education Department, dated 31.03.2010.

(3.) Thereafter, an enquiry conducted by the respondent was over on 24.08.2010, but no final order was passed. Hence, the petitioner has filed a writ petition in W.P.No.3733 of 2011, seeking for a direction to pass final order on the disciplinary proceedings relating to the charge memo dated 26.03.2010. The writ petition was disposed on 24.02.2011, by recording the statement made by the learned Government Advocate, that within one month final order would be passed. Since no final order was passed, the petitioner has filed the present writ petition seeking to quash the very charge memo dated 26.03.2010 itself.