G NADIMUTHU S/O GOVINDASAMY Vs. COMMISSIONER AND SECRETARY TRANSPORT DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE petitioner joined the service of Transport Department in 1968. Later his service was absorbed in the second respondent Transport Corporation. He served in the second respondent Corporation until he attained the age of superannuation. He was to be retired on 31.01.2002. The first respondent by his letter dated 29.01.2002 instructed the second respondent to issue a suspension order against the petitioner, alleging that he has committed certain delinquencies. Based on the same, the second respondent issued the Suspension Order against the petitioner on 29.01.2002 and also retained him in service by an order dated 19.02.2002. Later, an enquiry was held, wherein it was found that the charges against the petitioner were not established. The first respondent issued G.O.Ms.No.128 Transport (D) Department dated 08.07.2002, stating that the misconducts against the petitioner were not proved and instructed the second respondent to withdraw the entire disciplinary action initiated against him. The first respondent also instructed the second respondent to settle all the terminal benefits due to the petitioner, treating that he retired on 31.01.2002.

(2.) ACCORDINGLY, the second respondent issued an order dated 19.08.2002, dropping the disciplinary proceedings initiated against the petitioner. Thereafter, the petitioner was paid Gratuity on 05.10.2002 and pension in March 2003.

(3.) ACCORDING to the petitioner, he shall be paid wages from 01.02.2002 to 19.08.2002, the date on which the second respondent dropped the enquiry proceedings and permitted him to retire from service.