STATE OF TAMIL NADU Vs. A CHIDAMBARAKUTTALAM

JUDGEMENT

(1.) THE respondent in the writ petition, in W.P.No.19712 of 2006, are the appellants in the present writ appeal.

(2.) THIS writ appeal has been filed against the order, dated 24.4.2008, made in W.P.No.19712 of 2006. The learned single Judge, by his order, dated 24.4.2008, had allowed the writ petition, with certain observations. While allowing the writ petition filed by the respondent herein, the learned single Judge had noted that the point in issue was whether the charge memo issued against the respondent, after his retirement from service, is maintainable, in view of the fact that surcharge proceedings had already been initiated against him, under Section 87 of the Tamil Nadu Co-operative Societies Act, 1983, (hereinafter referred to as "the Act"), based on the same allegations relating to the same incident.

(3.) AGGRIEVED by the surcharge proceedings initiated against him, the respondent had challenged the same before this Court by filing a writ petition, in W.P.No.37361 of 2005. He had also obtained an interim order of stay of all further proceedings, in W.P.M.P.No.40017 of 2005, on 18.11.2005. The said writ petition is still pending on the file of this Court. While so, the respondent has been permitted to retire from service, unconditionally, on 31.1.2005, by the proceedings of the third appellant, dated 31.1.2005. However, the second appellant had initiated disciplinary proceedings by framing a charge against the respondent for imposing a major punishment, vide his proceedings Na.Ka.No.123069/2005/NaVa.3, dated 4.5.2006, under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, on the basis of the sanction accorded by the first appellant Government, vide G.O.(D) No.151, Cooperation, Food and Consumer Protection (C.L.1) Department, dated 13.4.2006, under Rule 9(2)(b)(i) of the Tamil Nadu Pension Rules, 1978.