R PASUPATHY Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner who was recruited as a Sub-Inspector of Police in 1970 and subsequently promoted as Deputy Superintendent of Police has been permitted to retire on superannuation on 20-10-2007 without prejudice to the disciplinary proceedings. He was placed under suspension early on 29-06-1999 and thereafter, as a punishment the Home Secretary issued an order 682/2009 on 19-08-2009 imposing a punishment of Rs.1000/- per month from the pensionary benefits for a period of three years by order dated 19-08-2009. It is not under dispute that the petitioner has accepted the same. During the pendency of his service, he was allowed to occupy a departmental quarters at No,8, A-Block, Assistant Commissioners of Police Quarters, Dhakshinamoorthy Koil Street, Old Washermenpet, Chennai 21. In the impugned order, the petitioner has been directed to vacate the said quarters on the basis that after his retirement he has been in unauthorized occupation of quarters from 30-06-2006 onwards and in respect of the unauthorized occupation stated to have been made between 01-07-2006 to 31-08-2006, an amount of Rs.1,71,360/- has been deducted from the amount payable to the petitioner as his penal rent. In the impugned order it is stated that if the petitioner has not vacated, he will be forcibly removed.

(2.) HEARD the learned counsel for the petitioner as well as the respondent.

(3.) THE writ petition has been ordered accordingly. No costs. THE connected miscellaneous petitions are closed.