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2006 Supreme(Mad) 2229

S.MANIKUMAR, P.SATHASIVAM
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 :-

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 disciplinary proceedings against him; and on the ground that withholding the terminal benefits is illegal, arbitrary, without any authority and jurisdiction, and contrary to the service regulation of the first respondent/Corporation.

In W.P. No.18953 of 2003, he challenges another charge Memo dated 15.05.2001, here again, to the extent reserving the right of the authority to proceed with the disciplinary proceedings.

2. In view of the common order to be passed here-under, we are of the view that it is unnecessary to refer all the factual details, however, it is relevant to note that the petitioner joined the services of the first respondent as Assistant Manager during the year 1975. From 1991, he was working as General Manager in Ariyalur Cement Works of the first respondent. He was issued with a charge sheet dated 24.05.1995, whereupon, the first










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