S THIRUMALAIAPPAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has filed the present writ petition seeking to challenge the communication dated 04.05.2007 sent by the fourth respondent namely, the Treasury Officer, Tirunelveli as well as the communication sent by the second respondent, Commissioner of Treasury & Accounts, dated 09.06.2009 and for setting aside the same and also seeks for a direction to grant compassionate allowance to the petitioner within a time frame.

(2.) The writ petition came up on 29.10.2009, this Court ordered notice of motion. On notice form this Court, the second respondent filed the counter affidavit dated 09.02.2010.

(3.) It is seen from the records that the petitioner, who was working as an accountant under the fourth respondent office, was placed under suspension on 28.11.1991 in connection with misappropriation of Government money while disbursing pension. Disciplinary action was initiated against him and a criminal case was also initiated against him for misappropriation, cheating and forgery punishable under Sections 409, 420, 465, 447(A), 468 and 471 of IPC by the Inspector of Police, District Crime Branch, Palayamkottai. Since the criminal case in this connection got delayed and no charge sheet was filed, suspension was revoked without prejudice to the outcome of the criminal case on 25.03.1993.