C MAHALINGAM Vs. REVENUE DIVISIONAL OFFICER UDAYARPALAYAM

JUDGEMENT

(1.) THIS writ petition is filed to call for the records relating to the order of suspension No. RCA1/6220/2006, dated 31. 10. 2008 of the respondent along with the consequential proceedings RCA 1/6220/2006, dated 31. 10. 2008 of the respondent, not permitting the petitioner to retire from service, quash both the proceedings and consequently direct the respondent to permit the petitioner to retire from service with effect from 31. 10. 2008 with all consequential retirement benefits.

(2.) THE petitioner, while working as Village Administrative Officer, was suspended on 31. 10. 2008 on the date of his retirement and was not allowed to retire from service by another proceedings dated 31. 10. 2008. The reason for passing the above said order is that on 17. 9. 1998, the petitioner was arrested on the charges of corruption and was therefore suspended. The suspension order was challenged before the Administrative Tribunal and stayed in O. A. No. 7927 of 1998. The suspension was initially stayed and subsequently, it was also revoked. The criminal case was perused before the competent Court and the trial Court acquitted the petitioner in a case under the provisions of Prevention of Corruption Act. The State preferred an appeal in Crl. A. No. 217 of 2004 and it was pending. Therefore, in view of the pendency of the criminal appeal, the petitioner was not allowed to retire. Challenging the said orders, the present writ petition is filed on various grounds.

(3.) AT the time of final hearing, the learned counsel for petitioner produced the order dated 21. 7. 2009 passed in Crl. A. No. 217 of 2004 wherein, the State Appeal has been dismissed. Counter affidavit has been filed. Heard Mrs. C. K. Vishnupriya, learned Additional Government Pleader appearing for respondents.