DISTRICT COLLECTOR TIRUCHIRAPPALLI DISTRICT Vs. N MOHANRAJ

JUDGEMENT

(1.) THIS Writ Appeal is directed against the order of the learned Single Judge dated 06.07.2010 passed in W.P.(MD)No.8460 of 2010, by which, the learned Single Judge allowed the Writ Petition filed by the respondent challenging the order dated 30.06.2010, by which, the writ petitioner was permitted to retire on the attainment of age of superannuation without prejudice to the disciplinary proceedings, which are contemplated. The learned Single Judge has held that unless and until by invoking the powers under Rule 56(1)(c) of the Fundamental Rules the Government passes orders retaining the services of the Government servants even after attaining the age of superannuation for the purpose of facing disciplinary proceedings, the authority has no power to proceed with the disciplinary proceedings. The learned Single Judge has also relied upon a judgment of this Court in P.Muthusamy v. Tamil Nadu Cements Corporation Limited reported in 2006(4) MLJ 504, wherein a Division Bench of this Court has, in categoric terms, held that permission to retire an employee without prejudice to the disciplinary proceedings is not authorised under any rule. The mandatory procedure of following Rule 56(1)(c) has been reiterated by another judgment of the Division Bench in Kootha Pillai vs. Commissioner, Municipal Administration, Chennai and others reported in 2009(1) MLJ 761.

(2.) RULE 56(1)(c) of the Fundamental Rules, which is as follows:

(3.) IN view of the above, the Writ Appeal stands dismissed. However, the appellant shall send the necessary pension proposal in respect of the respondent/writ petitioner, within a period of eight weeks from the date of receipt of a copy of the judgment. Consequently, the connected miscellaneous petition is also dismissed. No costs.