M.NATARAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed to quash the proceedings of the second respondent in Proc.Rc.29264/5/N1 dated 16.06.2005 in so far as it relates to withholding of Rs.50,000/- from the DCRG of the petitioner is concerned and the consequential order issued by the first respondent in his proceedings in Letter No.57657/Ka Ka.2/2004-6, dated 05.01.2011 and consequentially to direct the respondents to release the amount of Rs.50,000/- withheld from the petitioner's DCRG within a time frame.

(2.) Brief facts that are necessary for disposal of this writ petition are as follows:

(3.) The learned counsel appearing for the petitioner submitted that the relationship between the petitioner and the respondents comes to an end by the retirement of the petitioner on 30.06.2005 and that the impugned show cause notice, after a period of 6 years from the date of retirement is without jurisdiction. The learned counsel further submitted that though no limitation is prescribed under Rule 36 of the Act, the power has to be exercised within a reasonable time. Since there is no explanation for the delay, nearly six years in initiating proceedings for re- opening or enhancement of punishment imposed on the petitioner in 2004, it is submitted that the impugned show cause notice is liable to be quashed simply on the ground of unreasonable delay.