TAMILNADU SLUM CLEARANCE BOARD Vs. V M SIVANANDAM

JUDGEMENT

(1.) PURSUANT to departmental proceedings initiated against the respondent-writ petitioner, the appellants-Tamil Nadu Slum Clearance Board (for shot, 'the TNSCB') inflicted punishment of censure, by order dated 31. 12. 2007, i. e. on the date of retirement of the respondent-writ petitioner. After the retirement, by another order dated 2. 4. 2008, the TNSCB decided to treat the period of suspension as suspension. Both the punishment orders having been confirmed by the appellate authority, vide order dated 30. 5. 2008, two Writ Petitions were preferred by the respondent-writ petitioner, one against the order of punishment and the other, against, treating the order of suspension as suspension. The learned single Judge having allowed both the Writ Petitions by the impugned common order, the present two Writ Appeals have been preferred by the TNSCB.

(2.) AS the Writ Appeals could be disposed of on a short point, it is not necessary to discuss all the facts, except the relevant one.

(3.) THE respondent-writ petitioner, who was a Divisional Accountant under the TNSCB, was suspended on 10. 7. 2007 on the ground that he had acted against the direction of the High Court and was proceeded departmentally on 17. 8. 2007. An Enquiry Officer was appointed and after necessary enquiry, the Enquiry Officer submitted a report, exonerating the respondent from the charge (s ). The respondent was to retire with effect from 31. 12. 2007 and in that view of the matter, he was allowed to re-join duty on 14. 12. 2007 on condition that he will not be hindrance to the enquiry.