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2025 DAILYLAW 9390 (MAD)

O.PARAMIAH (DECEASED) v. UNION OF INDIA

WP/6916/2025 · 2026-08-06

N Senthilkumar, S M Subramaniam

Transfer Petitionbody2025

Judgment text

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W.P.NO.6916 OF 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 06.08.2026 CORAM THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR.JUSTICE N.SENTHILKUMAR W.P.NO.6916 OF 2025 1.O.Paramiah (Deceased) … Petitioner 2.P.Kalaiyarasi W/o. Late O.Paramiah 3.Robert Simson Koyilraj S/o. Late O.Paramiah 4.Mercy Tamilarasi S/o. Late O.Paramiah 5.Mark William S/o. Late O.Paramiah … Petitioners 2 to 5 (Petitioners 2 to 5 are substituted as Legal Heirs of the deceased petitioner O.Paramiah vide order of court dated 06.08.2026 made in WMP No.14303 of 2026 in W.P.No.6916 of 2025) -vs- 1.Union of India Rep. By the Secretary Ministry of Labour and Employment Government of India Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001. https://www.mhc.tn.gov.in/judis W.P.NO.6916 OF 2025 2.The Under Secretary Ministry of Labour and Employment Government of India Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001. 3.Central Provident Fund Commissioner 15, NBCC Tower, Bhikaiji Cama Place, New Delhi – 10066. 4.Assistant P.F. Commissioner / OIC Bhavisya Nidhi Bhawan, N.G.O. ‘B’ Colony, Thirunelveli – 627 007. … Respondents PRAYER: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus, to call for the records pertaining to order dated 18.11.2024 in O.A.No.1688 of 2024 passed by Central Administrative Tribunal and quash the same and to allow the Original Application as prayed for. For Petitioners 2 to 5 : Mr.Hariharan, V. For Respondents 1 to 3 : No appearance For Respondent - 4 : Ms.B.Swati for Mr.R.Vishnu O R D E R (Order of the Court was made by S.M.Subramaniam, J.) The present writ petition has been instituted challenging the order of the Central Administrative Tribunal, Chennai Bench, Chennai, dated 18.11.2024 passed in O.A.No.1688 of 2024. https://www.mhc.tn.gov.in/judis W.P.NO.6916 OF 2025 2.The writ petitioner was appointed to the post of Lower Division clerk with the Employees Provident Fund Organisation (EPFO) at Tirunelveli, on 03.08.1998. He was posted in Accounts Section. Subsequently, he was promoted to the post of Senior Social Security Assistant at Sub-Regional Office, Tirunelveli, in the Pension Section. On account of the allegations of misappropriation of funds by illegally releasing pension arrears to 12 pensioners, departmental disciplinary proceedings were initiated and simultaneously, a criminal case was registered by the Central Bureau of Investigation (CBI) in C.C.No.15 of 2013 under Sections 408, 420, 477-A of IPC and Section 13(2) read with Section 13(1)(d) of Prevention of Corruption Act, 1988. The criminal case ended with an order of conviction. During the pendency of the criminal case, the Disciplinary Authority conducted an enquiry into the charges and imposed the punishment of compulsory retirement. Since the criminal Court convicted the writ petitioner, the Revisional Authority has initiated suo motu proceedings under Rule 25(iii) of the EPF Staff (CCA) Rules, 1971 and enhanced the punishment from compulsory retirement to dismissal from service. 3.Rule 25(iii) of the EPF Staff (CCA) Rules, 1971 empowers the competent authority to initiate suo motu revision petition. The said https://www.mhc.tn.gov.in/judis W.P.NO.6916 OF 2025 Rule further stipulates that the Revisional Authority is empowered to confirm, reduce, enhance, or set aside the penalty imposed by the original authority. Therefore, there is no legal impediment for the Revisional Authority to enhance the punishment. Considering the fact that the writ petitioner was convicted by the competent Criminal Court, the Revisional Authority imposed the major penalty of dismissal from service, which cannot be said to suffer from any infirmity. 4.Pertinently, an opportunity, as contemplated under the Discipline and Appeal Rules was provided to the writ petitioner before enhancing the punishment. Originally, disciplinary proceedings were initiated by conducting a departmental enquiry and by affording an opportunity. There is no violation of rules of natural justice and that being the factum, the Central Administrative Tribunal has not committed any error and thus, the writ petition is dismissed. However, there shall be no order as to costs. [S.M.S., J.] [N.S., J.] 06.08.2026 (2/2) Index : Yes Speaking Order : Yes Neutral Citation : Yes / No TK https://www.mhc.tn.gov.in/judis W.P.NO.6916 OF 2025 To 1.The Secretary Union of India Ministry of Labour and Employment Government of India Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001. 2.The Under Secretary Ministry of Labour and Employment Government of India Shram Shakti Bhawan, Rafi Marg, New Delhi – 110 001. 3.Central Provident Fund Commissioner 15, NBCC Tower, Bhikaiji Cama Place, New Delhi – 10066. 4.Assistant P.F. Commissioner / OIC Bhavisya Nidhi Bhawan, N.G.O. ‘B’ Colony, Thirunelveli – 627 007. https://www.mhc.tn.gov.in/judis W.P.NO.6916 OF 2025 S.M.SUBRAMANIAM, J. AND N.SENTHILKUMAR, J. TK W.P.NO.6916 OF 2025 06.08.2026 (2/2) https://www.mhc.tn.gov.in/judis W.P.NO.6916 OF 2025 https://www.mhc.tn.gov.in/judis