Delay of four years in framing charge against civil servant put under suspension prejudiced the employee.

T. Meenakumari, J.

1. W.P. No. 9757 of 1989 is filed to call for the records pertaining to the charge memos issued by the second respondent in Roc. No. 69055/88/OP/3, Roc. No. 43875/88/OP/3, Roc. No. 49620/88/OP 3 and Roc. No. 123/89/C2 dated 29.4.1989, 19.5.1989, 19.5.1989 and 21.6.1989 respectively and quash the same by the issue of the writ of certiorari.

2. W.P. No. 9758 of 1989 is filed for the issue of writ of certiorarified mandamus to call for the records of the first respondent in proceedings No. Cl/2/28724/85 dated 28.6.1985 and quash the same and direct the first respondent to release the petitioner's retirement benefits including his pension.

3. The facts arising in both the writ petitioners are one and the same. The petitioner was working as the Town Planning and Building Overseer in the Tamil Nadu Municipal Service in the year 1950. On the formation of the Tamil Nadu Water Supply and Drainage Board (T.W.A.D.) he was absorbed in the services of the said Board. Subsequently, he was deputed to Nagercoil Municipality to serve the Municipality as Municipal Engineer Grade II with effect from 16.6.1981. Again he was reverted back to the Parent Department with effect from 1.9.1984. It is further averred in the writ petition that he was due to retire on 30.6.1985 and just two days period to the date of his retirement i.e., on 28.6.1985, he was placed under suspension by proceedings of the first respondent on the ground that an enquiry into grave charges was contemplated against the petitioner. The suspension was made under Regulation 10 of the T.W.A.D. Board Employees (Discipline and Appeal) Regulations, 1972. He was allowed to draw only subsistence allowance admissible under F.R. 53 (i). The proceedings were initiated to prosecute the petitioner by Vigilance and Anti-Corruption Department. The petitioner seems to have obtained anticipatory bail in the Court of Sessions, Kanyakumari. The case of the petitioner is that the authorities like Vigilance and Anti-Corruption could not frame any charges as there was no material to prosecute him but the charges were framed under the guise of the departmental action by Memo Na.Ka. No. 55446/84/E2 dated 21.2.1985, 18.3.1985 and 20.4.1985. It is alleged by the petitioner that the second respondent has initiated departmental action nearly after four years in respect of his work during 1981-82 and 1982-83. The terminal benefits of the petitioner were withheld because of the suspension order and hence the petitioner has chose to question the proceedings issued in Roc. Nos. 69055/88/OP/3, Roc. No. 43875/88/OP/3, Roc. No. 49620/88/OP/3 and Roc. No. 123/89/C-2 dated 29.4.1989, 19.5.1989, 19.5.1989 and 21.6.1989 in respect of framing of charges by the second respondent, as illegal.

4. It is argued on behalf of the petitioner that the issuance of charge memos dated 29.4.1989, 19.5.1989 and 21.6.1989 are illegal as they relate to instances which are said to have taken place during the years 1981-82 and 1982-82. It is also contended by the learned counsel for the petitioner that under the guise of framing the charges, the respondents are not right in suspending the petitioner pending enquiry just two days prior to the date of retirement withholding the terminal benefits for the purpose of taking disciplinary action. It is also argued that Regulation 10 of the T.W.A.D. Board Regulations provides for suspension of a member from service pending enquiry. Regulation 11 provides for procedure to be adopted for taking disciplinary action in respect of Board's employee on foreign service. It is further contended that as per Regulation 11(B) and 11(C), if a foreign employer is the authority to initiate the disciplinary proceedings, it is the same authority who has to suspend the employees. It is argued, in this case, the order of suspension pending enquiry was passed by the first respondent after reverting the petitioner to the T.W.A.D. Board. Hence, it is argued that the order of suspension is