N SIVALINGAM Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) This Writ Petition has been filed challenging the impugned charge memo issued against the petitioner by the second respondent framing charges in C.No.515/2008/A1 dated 30.07.2008 in TDP Case No.46 of 2008, quash the same and consequently directing the first respondent to settle the pensionary benefits entitled to the petitioner after revoking the suspension order.

(2.) Mr.C.Selvaraju, learned Senior Counsel appearing for the petitioner has submitted that while the petitioner was serving as Deputy Transport Commissioner, a charge memo was issued against the petitioner in C.No.515/2008/A1 dated 30.07.2008 in T.D.P.Case No.46 of 2008, framing certain charges, which are extracted hereunder:

(3.) The learned Senior Counsel appearing for the petitioner has further submitted that the petitioner has submitted a detailed written statement of defence before the Tribunal on 26.11.2008. The Commissioner for Disciplinary Proceedings, Coimbatore has submitted his enquiry report to the first respondent on 31.12.2008 and thereafter, the first respondent communicated a copy of the Enquiry Report to the petitioner on 11.01.2010 i.e., nearly after a lapse of more than one year after receipt of the Enquiry Report. The learned Senior Counsel appearing for the petitioner has also submitted that in view of huge delay in not passing final orders, the petitioner has submitted a representation dated 15.05.2010 to the respondents, but no response was forthcoming and therefore, the petitioner was constrained to file W.P.No.16626 of 2015. This Court, vide order dated 12.06.2015 directed the first respondent to pass final orders on the Enquiry Report of the Tribunal for Disciplinary Proceedings, Coimbatore relating to the above charge memo within a period of two months from the date of receipt of the order. Inspite of direction given by this Court, till date the respondents have not come forward to pass any final order, as a result the petitioner is unable to receive his pensionary benefits and put to grave problems. Moreover, when the petitioner has cooperated with the enquiry and admittedly, the enquiry was concluded and a report has also been submitted by the Tribunal for Disciplinary Proceedings, Coimbatore, without any basis, even after a long lapse of 10 years from the date of his attaining superannuation, final order has not been passed. Consequently, the petitioner has been put to mental agony that would amount to multiple punishments.