WP No. 25454 of 2018 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 28-03-2025 CORAM THE HONOURABLE MS JUSTICE R.N.MANJULA WP No. 25454 of 2018 and W.M.P.No.29609 of 2018 1. K.Ravindran No.123/10, Bharathi south cross street, Arun Nagar, Alagpuram Pudhur, Fairlands, salem Salem Petitioner(s) Vs 1. State of TamilNadu Rep by its Principal secretary to Government Revenue and Disaster Management Department, services wing, Service 2(1) section, secretariat, Fort St.George, chennai600009Chennai 2.State of TamilNadu Rep by its secretary to Government, Revenue Department, Secretariat, Fort St.George, chennai 600009 3.The Principal Secretary The Commissioner of Revenue Administration, chepauk, chennai 600 005 Respondent(s) https://www.mhc.tn.gov.in/judis WP No. 25454 of 2018 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus calling for the records relating to the order dated 04/07/2018 in G.O.Ms.No.248 Revenue and Disaster Management Department services wing, service 2(1)section of the 1st Respondent herein and to Quash the same and consequently direct the Respondents to reinstate the petitioner in his post as Deputy collector/District Backward classes and Minority welfare officer with effect from 30.11.2010. For Petitioner(s): M/s.A.L.Ganthimathi for Ms.S.A.Kanmani For Respondent(s): Mr.A.M.Ayyadurai Government Advocate ORDER The writ petition has been filed to calling for the records relating to the order dated 04/07/2018 passed by the 1st Respondent and to Quash the same and consequently direct the Respondents to reinstate the petitioner in his post as Deputy collector/District Backward classes and Minority welfare officer with effect from 30.11.2010. 2. The petitioner was kept under suspension on the eve of his attaining the age of superannuation on certain contemplated disciplinary proceedings in respect of certain charges. On 19.05.2011 the petitioner has been issued with a charge memo and proceedings were initiated before the Tribunal for disciplinary proceedings. The petitioner is one among the 8 delinquents against whom charges have been proved. The disciplinary proceedings Tribunal, after enquiry, has rendered a finding that the charges against the individuals are not proved. https://www.mhc.tn.gov.in/judis WP No. 25454 of 2018 However, the first respondent has not chosen to accept the conclusion of the disciplinary Tribunal. 3. Mrs.A.L.Ganthimathi, the learned Senior Counsel, appearing for the petitioner, submitted that the deviation recorded by the first respondent is without any basis. Because the petitioner had withdrawn a sum of Rs.40,000/- on 01.10.2010 and another Rs.40,000/- on 02.10.2010 which is reflected in his bank account statement. 4. On perusal of the bank account statement of the petitioner pertaining to A/c.No.10594207991 of SBI Bank, it is seen that petitioner has got ECS credit for Rs.33,658/- and Rs.1,58,000/- on 01.10.2010. The allegation is that on 14.1.2010 a sum of Rs.45,000/- was seized from the petitioner. The petitioner has shown accounts to the amount retained by him by showing that the amount equal to it has been withdrawn from his account. 5. Mr.A.M.Ayyadurai, the learned Government Advocate appearing for the respondents submitted that on 14.10.2010 there was no withdrawal from the bank for retaining a sum of Rs.45,000/- in the hands of the petitioner. 6. It is seen from the reasons recorded in the deviation that there was no transaction from the bank from 02.10.2010 to 19.10.2010. It is factually wrong because the account statement of the petitioner would state that he has https://www.mhc.tn.gov.in/judis WP No. 25454 of 2018 withdrawn Rs.40,000/- on 02.10.2010 but that was not properly considered. There is a fundamental flaw in the reasons stated for not accepting the findings of the Commissioner of the disciplinary proceedings. 7. Except the petitioner all other delinquents have been discharged from the charges despite they have been enquired along with the petitioner even though the petitioner has shown accounts for the money retained by him on the alleged day. Since the impugned order has been passed without properly appreciating the facts and there is a fundamental flaw in the material on which the punishment order is passed, the petitioner has to be granted with the remedy as prayed. 8. In view of the above stated reasons, the Writ Petition is allowed and the impugned order of the first respondent dated 04/07/2018 passed in G.O.Ms.No.248 Revenue and Disaster Management Department services wing, service 2(1)section, is quashed and the respondents are directed to permit the petitioner to retire from service by granting him the orders for disbursement of his retiral benefits and all other attendant benefits, within a period of four weeks from the date of receipt of a copy of this order. No costs. 28-03-2025 Index:Yes/No Speaking/Non-speaking order Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis WP No. 25454 of 2018 To 1. The Principal secretary to Government Revenue and Disaster Management Department, services wing, Service 2(1) section, secretariat, Fort St.George, chennai600009Chennai 2.State of TamilNadu Rep by its secretary to Government, Revenue Department, Secretariat, Fort St.George, chennai 600009 3.The Principal Secretary The Commissioner of Revenue Administration, chepauk, chennai 600 005 https://www.mhc.tn.gov.in/judis WP No. 25454 of 2018 R.N.MANJULA J. bkn WP No. 25454 of 2018 28-03-2025 https://www.mhc.tn.gov.in/judis