T N A KAMAL BASHA Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) THIS writ petition is filed to call for the records relating to the order of the respondent herein passed in his Memo R.No.4125/VA 2/ 2007, dated 15.10.2007 formulating charge sheet under Rule 9(2)(b)(i) of the Tamil Nadu Pension Rules against the petitioner and quash the same.

(2.) THE brief facts of the case are as follows:- THE petitioner while working as Superintendent in the Office of the Regional Transport Office, Tirunelveli was subjected to a surprise check by the Vigilance and Anti-corruption wing of the department on 10.9.2003. THE petitioner was allowed to retire on attaining the age of super-annuation on 31.12.2003. It is the case of the petitioner that he has received all the retirement benefits, he has also been receiving pension without any break and after nearly four years on 23.11.2007, a charge memo under Tamil Nadu Pension Rules has been issued. As per the records, the date of formulation of charges under the Pension Rules is 15.10.2007. THE legal contention raised by the petitioner in this case is that the proceedings initiated against the petitioner is contrary to Tamil Nadu Pension Rules, more particularly, Rule 9(2)(b) and 9(6)(a) of the Rules.