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2007 Supreme(Mad) 4075

P.K.MISRA, K.K.SASIDHARAN
G. Vani – Appellant
Versus
The Registrar, High Court, Chennai – Respondent


Advocates:
For the Petitioner:R. Subramanian, Advocate. For the Respondent:
L.S.M. Hasan Fizal, Advocate.

Judgment :-

P.K. Misra, J.

Heard Mr.R. Subramanian for the Petitioner and Mr.L.S.M. Hasan Fizal, Government Advocate, for the Respondent.

2. The question in this writ petition relates to payment of pension to the family members of the deceased employee, who was working in the State Judiciary. During his tenure in service, a disciplinary proceedings had been initiated and some of the charges against him had been found to be proved. Ultimately, the High Court on its administrative side passed an order of removal from service. Such order of removal was challenged by the Officer concerned by filing W.P.No.1832 of 1986. During pendeny of such writ petition, the officer expired on 112. 1995 and the legal representatives were brought on record. Subsequently, by order dated 13. 1999, the High Court in its judicial side had observed that no order of removal could have been passed by the High Court on its administrative side as the order could have been passed only by the appointing authority, namely, the Governor. Thus, setting aside the order of removal from service, the High Court remitted the matter to the High Court in its administrative side to consider as to what further action has to



























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