THE PRINCIPLE SECRETARY TO THE GOVERNMENT OF TAMILNADU AND v. A.KANAGARAJ,
WA(MD)/1036/2021 · 2026-08-17
M Dhandapani, N Dilip Kumar
Transfer Petitionbody2021
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[ 2021 DAILYLAW 4308 (MAD) · dailylaw.ai ]
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Judgment text
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W.A(MD)No.1036 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.08.2026 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI and THE HONOURABLE MR. JUSTICE N.DILIP KUMAR W.A(MD)No.1036 of 2021 and CMP (MD) Nos.4631 of 2021 and 15676 of 2024 1.The Principal Secretary to the Government of Tamil Nadu and Commissioner of Treasury and Accounts Department, Chennai – 35. 2.The Regional Joint Director of Treasury & Account Department, Madurai. 3.The District Treasury Officer, Dindigul. 4.The Assistant Treasury Officer, Sub-Treasury, Kodaikanal, Dindigul District. : Appellants
Vs. A.Kanagaraj ... Respondent
Prayer:This Writ Appeal is filed under Clause 15 of Letters Patent Act, against 1/5 https://www.mhc.tn.gov.in/judis
W.A(MD)No.1036 of 2021 the order passed by this Court in W.P.(MD)No. 6892 of 2018 dated 18.01.2021.
For Appellants : Mr.G.Mohan Kumar, AGP For Respondents : Mr.M.Sheik Abdullah
JUDGMENT (Judgment of the Court was made by M.DHANDAPANI.J.) This Intra-Court Appeal has been filed challenging the order passed by the learned Single Judge of this Court in W.P.(MD)No.6892 of 2018, dated
18.01.2021.
2. The learned Additional Government Pleader appearing for the appellant would submit that the respondent was placed under suspension on 17.10.2017 owing to the charges levelled against him. The said order of suspension was challenged before this Court in W.P.(MD) No.6892 of 2018. This Court, by order dated 18.01.2021, set aside the order of suspension by applying the ratio laid down by the Hon'ble Supreme Court in Ajay Kumar Choudhary v. Union of India, reported in (2015) 7 SCC 291. However, subsequently, the Hon'ble Supreme Court, in a Full Bench decision, held that where serious charges are pending against an employee, particularly charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) 2/5 https://www.mhc.tn.gov.in/judis
W.A(MD)No.1036 of 2021 Rules, the order of suspension cannot ordinarily be interfered with. Nevertheless, this Court had interfered with the order of suspension and
directed the reinstatement of the respondent by order dated 18.01.2021. Aggrieved by the same, the present writ appeal has been filed.
3. In the meanwhile, the respondent retired from service on
31.03.2025. Hence, there is no question of reinstating him in service. Therefore, this Court may direct the appellant to conclude the disciplinary proceedings as expeditiously as possible, preferably within a period of twelve weeks.
4. In view of the above submission, the appellants are directed to dispose of the disciplinary proceedings pending against the respondent within a period of twelve weeks from the date of receipt of a copy of this order. This writ appeal stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petitions are closed.
[M.D.I.,J] [N.D.K.,J]
17.08.2026 Index:Yes/No Internet:Yes/No PKN 3/5 https://www.mhc.tn.gov.in/judis
W.A(MD)No.1036 of 2021 To 1.The Principle Secretary to the Government of Tamil Nadu and Commissioner of Treasury and Accounts Department, Chennai – 35. 2.The Regional Joint Director of Treasury & Account Department, Madurai. 3.The District Treasury Officer, Dindigul. 4.The Assistant Treasury Officer, Sub-Treasury, Kodaikanal, Dindigul District. 4/5 https://www.mhc.tn.gov.in/judis
W.A(MD)No.1036 of 2021 M.DHANDAPANI, J AND N.DILIP KUMAR, J PKN
W.A(MD)No.1036 of 2021 17.08.2026 5/5 https://www.mhc.tn.gov.in/judis