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2006 Supreme(Mad) 2223

P.SATHASIVAM, S.MANIKUMAR
P. Muthusamy – Appellant
Versus
Tamilnadu Cements Corporation Limited & Another – Respondent


Appearing Advocates:For the Petitioner:Balan Haridas, Advocate. For the Respondents: R1 Karthik, for T.S. Gopalan & Co.

Judgment :-

(Petitions under Article 226 of the Constitution of India for the issuance of a writ of certiorarified mandamus after calling for the concerned records from the respondents, quash the order of the first respondent dated 30.06.2003 bearing Rc. No.3336/A3/95-1 in so far as it refers to the charge memos dated 16.09.2002 (WP.18592/03) and 15.05.2001 (WP.18593/03) in so far as they mention that the petitioner is being retired without prejudice to the pending disciplinary proceedings and by withholding his terminal benefits as illegal, arbitrary, without any authority, without jurisdiction and contrary to the service regulation of the first respondent Corporation; and consequently direct the 1st respondent to pay the petitioner all the terminal benefits (Gratuity, Provident Fund and Leave Encashment) along with interest at the rate of 24% per annum.)

Common Judgment: P. Sathasivam, J.

In W.P. No.18952 of 2003, the petitioner challenges the charge memo, dated 16.09.2002, issued by the 1st respondent/Tamilnadu Cements Corporation Limited (TANCEM), and Order dated 30.06.2003, and seeks to quash the same insofar it states that he is being retired without prejudice to the pending di













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