Madras High Court
G.Ramanathan vs The Commissioner Of Municipal ... on 17 August, 2022
Author: R. Suresh Kumar
Bench: R.Suresh Kumar
W.P.No.33091 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.08.2022
CORAM
THE HONOURABLE MR.JUSTICE R.SURESH KUMAR
W.P.No.33091 of 2018
G.Ramanathan ... Petitioner
Vs
1.The Commissioner of Municipal Administration,
Chepauk, Chennai – 600 005.
2.The Secretary to Government,
Municipal Administration and Water Supply Department,
Secretariat, Chennai – 600 009.
3.The Director of Vigilance and Anti-Corruption,
293, M.K.N. Road,
Collectors Nagar, Alandur,
Chennai – 600 016.
4.The Commissioner,
Tambaram Municipality,
Tambaram, Chennai – 600 045. ... Respondents
Prayer: Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus directing the 1st, 2nd and 3rd
respondents to complete the criminal proceedings initiated in
Cr.No.20/1998 within a reasonable period as may be fixed by this Court
and to direct the 1st and 2nd respondents to settle all the personal benefits
like General Provident Fund, Special Provident Fund/Encashment of
Earned Leave/Private Affairs along with regular Pension and DCRG
amount due to the petitioner as on 31.05.2005.
https://www.mhc.tn.gov.in/judis
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W.P.No.33091 of 2018
For Petitioner : Mr.T.Ranganathan
For Respondents : Mr.R.U.Dinesh Rajkumar
Additional Government Pleader
ORDER
The prayer sought for herein is for a writ of mandamus directing the respondents 1 to 3 to complete the criminal proceedings initiated in Cr.No.20/1998 within a reasonable period as may be fixed by this Court and to direct the respondents 1 and 2 to settle all the personal benefits like General Provident Fund, Special Provident Fund/Encashment of Earned Leave/Private Affairs along with regular Pension and DCRG amount due to the petitioner as on 31.05.2005.
2. The petitioner was working as Manager in various Municipalities and at the time of his superannuation i.e. on 30.05.2005, he was working as Manager at 4th respondent Municipality. Though he was superannuated on 30.05.2005 he was not permitted to retire because already there has been a criminal case pending against him in Crime No. 20/98 at Kancheepuram District Crime Branch and in this regard a disciplinary proceedings also was initiated where by order dated 03.03.2000, the Department has inflicted the punishment of withholding of his increment for one year with cumulative effect, that also has been undergone by the https://www.mhc.tn.gov.in/judis 2/8 W.P.No.33091 of 2018 petitioner. For the same set of charges as the occurrence taken place sometime in 1996 and 1998 when he was working as Manager at Madurantagam Municipality, that disciplinary proceedings ended in the said punishment where the criminal case also had been initiated by the concerned police which was pending, that is the reason he was not permitted to retire on his superannuation on 30.05.2005.
3. Thereafter, for several years the said criminal case is stated to be pending without any considerable progress, with the result for several years i.e. after his retirement from 2005 till date the petitioner has been paid only the 50% subsistence allowance and he has not been paid the retiral benefits as well as pensionary benefits. Therefore, in order to give a direction by way of mandamus to the respondents especially the 2 nd and 3rd respondents to complete the criminal proceedings initiated against the petitioner at the earliest and based on which his retirement and pensionary benefits can be considered and paid to him at the earliest and for the said reason alone, the petitioner has moved the present writ petition with the aforesaid prayer.
4. I have heard Mr.T.Ranganathan, learned counsel appearing for https://www.mhc.tn.gov.in/judis 3/8 W.P.No.33091 of 2018 the petitioner who would submit that, though the petitioner had superannuated in May 2005 itself for the past more than 17 years he has not been permitted to retire and the criminal case which was initiated in 1998 is still pending for 24 years and more, therefore such kind of long years since the petitioner has been suffered without getting the retirement and pensionary benefits, in order to give a quietus to the issue, the respondents can be directed to complete the criminal proceedings at once at the earliest and in this regard, the learned counsel appearing for the petitioner has brought to the notice of this Court a communication issued by the Head of the Department i.e. the Commissioner of Municipal Administration, the 1st respondent herein dated 29.03.2022, where, the said respondent has communicated to the Inspector, District Crime Branch, Chengalpattu to take steps to withdraw the case as it has been pending without any progress for 23 years against the petitioner. The relevant portion of the said communication of the 1st respondent to the Police Department reads thus:
“muR foj vz;/1867- ME-1-2020-7-y;
ehs;/19/02/2021y; Fwpg;gpl;Ls;sgo murhiz vz;/1074 (P&AR) Jiw. ehs; 02/10/81-y; ePz;l ehl;fshf epYitapy; ,Uf;Fk; Fw;wtpay; tHf;Ffis fhyk; jhH;j;jhky; cld; eltof;if vLf;FkhW Jiwj;
jiyth;fSf;F mwpt[Wj;jg;gl;Ls;sJ/ ,jdog;gilapy; Fw;wtpay; tprhuiz Kiw https://www.mhc.tn.gov.in/judis 4/8 W.P.No.33091 of 2018 rl;lk;. 1973 (gphpt[ 257-d;go) jpU/G.uhkehjd; mth;fs; kPJ bjhlug;gl;l Fw;w tHf;if jpUk;g bgw tHp cs;sJ/ mjd; go ,Wjpahiz gpwg;gpf;Fk; Kd; g[fhh; bfhLj;j kDjhuh; ePjpgjp mth;fsplk; Kiwapl;L mthpd; mDkjp bgw;w gpwF Fw;w tHf;if jpUk;g bgw tHptif cs;sjhf bjhptpf;fgl;Ls;sJ/ nkYk; xU tHf;fpy; xd;Wf;F nkw;gl;l Fw;wk;
rhl;lg;gl;l vjphpfs; ,Ug;ghh;fshdhy;. ePjpgjp
xUtiu kl;Lk; tHf;fpypUe;J rpy tpjpKiwfis
gpd;gw;wp KGikahf tpLtpf;ft[k; tHptif
cs;sjhf bjhptpf;fg;gl;Ls;sJ/
jpU/G.uhkehjd; mth;fs; kPJ Fw;wtpay;
eltof;if epYitahf ,y;yhky; ,Ue;jpUe;jhy;
31/05/2005 md;W taJ Kjph;tpd; fhuzkhf Xa;t[ bgw;wpUf;f ntz;Lk;/ md;dhh; kPjhd Fw;wtpay;
eltof;if thg!; bgw;Wtpl;lhy; Xa;t[ bgw
mDkjpf;fyhk;/
vdnt. muRf; fojk; (MS).No.223. -Personal
and Administration Reform, ehs; 04/04/1988 kw;Wk;
-Criminal Procedure Code, Section 257, Mfpatw;wpy; Fwpg;gpl;Ls;s tHfhl;Ljypd;go jpU/G.uhkehjd;.
Kd;dhs; nkyhsh; mth;fs; kPjhd Fw;wtpay;
eltof;if jpUk;gg; bgWtjw;fhd eltof;if
nkw;bfhs;Sk;go nfl;Lf;bfhs;sg;gLfpwJ/”
5. Heard Mr.R.U.Dinesh Rajkumar, learned Additional Government Pleader appearing for the respondents who would submit that if at all this is the stand taken by the Head of the Department as per the letter dated 29.03.2022 and based on which whether steps have been taken or not by the Police Department to withdraw the case would be ascertained and if any such decision is taken and the criminal case pending against the petitioner has already been ended or concluded https://www.mhc.tn.gov.in/judis 5/8 W.P.No.33091 of 2018 depending upon the outcome of the same, his request for retirement benefits as well as the pensionary benefits would be considered and disposed of at the earliest.
6. I have considered the said submissions made by both sides and have perused the materials placed before this Court, especially the communication of the 1st respondent dated 29.03.2022 where he directed the Police Department to withdraw the case since it is pending for more than 23 years and in this kind of long pendency without any considerable progress, a decision can be taken by the Department to conclude such criminal case at the earliest and in that view of the matter, this Court feels that a direction can be given to the respondents to act upon as per the letter of the 1st respondent dated 29.03.2022 especially the Police Department based on which a further decision can be taken as to the plea of the petitioner for getting retirement and pensionary benefits.
7. There shall be a direction to the respondents to comply with the communication or order issued by the 1st respondent dated 29.03.2022 in Na.Ka.No.30043/2021/K1 by the 3rd respondent i.e. Director of Vigilance and Anti Corruption by issuing suitable communication to the Inspector, https://www.mhc.tn.gov.in/judis 6/8 W.P.No.33091 of 2018 District Crime Branch to whom the said letter dated 29.03.2022 has been addressed by the 1st respondent and pursuant to which, if the criminal case is concluded by making the withdrawal of the said case by the prosecution in the manner known to law depending upon outcome of the such conclusion of the criminal case, the plea of the petitioner for realising of his retirement and pensionary benefits can be considered by the respondents especially the 4th respondent and accordingly an early decision can be taken for disbursement of the said retirement and pensionary benefits to the petitioner.
8. The needful as indicated above shall be completed by the respective respondents with an outer limit of three months from the date of receipt of a copy of this order.
9. With this direction, this Writ Petition is disposed of. No costs.
17.08.2022 Index : Yes/No Speaking Order : Yes/No Sgl https://www.mhc.tn.gov.in/judis 7/8 W.P.No.33091 of 2018 R. SURESH KUMAR, J.
Sgl To
1.The Commissioner of Municipal Administration, Chepauk, Chennai – 600 005.
2.The Secretary to Government, Municipal Administration and Water Supply Department, Secretariat, Chennai – 600 009.
3.The Director of Vigilance and Anti-Corruption, 293, M.K.N. Road, Collectors Nagar, Alandur, Chennai – 600 016.
4.The Commissioner, Tambaram Municipality, Tambaram, Chennai – 600 045.
W.P.No.33091 of 2018
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