1. The petitioner has come forward with this writ petition praying for a Writ of Certiorarified Mandamus calling for the records relating to the impugned proceedings of the first respondent issued in Letter No.8386/E1/2008-1, RD&PR Department dated 03.06.2008 and quash the same and consequently direct the respondents to drop further proceedings based on the charge memorandum dated 17.09.2007 in proceedings Roc No.51311/07/DPC-22, dated 17.09.2007.

2. The case of the petitioner is as follows:-

When the petitioner herein was working as Assistant Director of Rural Development and Panchayat Raj Department, the second respondent herein issued a charge memo in Roc. No.51311/07/DPC-22 dated 17.09.2007, based on the complaint given by one D. Kalavathi claiming herself as the second wife of the petitioner. The charges against the petitioner are as follows:-

“i) That he has married Tmt. D. Kalavathi in the year 1985 who is residing at No.2/784,

V.O.C. Nagar, Pidamanery, Kumarasamypet Post, DharmapuriDistrict and working as Noon Meal Organiser at Thiruvalluvar Arivagam, Kumarasamypet, Dharmapuri District when he is already having a wife by name Tmt. Premavathy, residing at Block No.15, Padmavathy Nagar, VGN Garden Road, Nelumbur, Mogappair West, Chennai 37.

ii) That he has entered into a second marriage when already having a spouse living and thus he violated Rule 19 (ii) of Tamil Nadu Government Servants Conduct Rules, 1973."

The petitioner has submitted his explanation dated 210. 2007 denying the charges enclosing the below mentioned documents i) Invitation of his marriage held on 18.06.1972 with Premavathy ii) School Certificate of his son M. Punithan iii) School Certificate of his daughter M. Kavitha iv) Copy of the Birth Certificate of Mr. Praveen Kumar, son of said D. Kalavathi wherein it is shown that Karunanithi is his father v) Registered Sale deed dated 01.06.1990 executed in favour of one Athimoolam and Kalavathi wherein Athimoolam was stated as Kalavathis husband vi) Gift Deed dated 09.05.1994 executed by Athimoolam in favour of Kalavathi mentioning her as his wife vii) Encumbrance Certificate dated 17.08.2007 viii) House warming ceremony invitation dated 09.02.1997 in the name of Kalavathi ix) Ration Card No.09/P/046099 (1998-2003) issued in the name of Kalavathi and her family x) Copy of Tamil Nadu Government Gazzette No.23 dated 12.06.2002 issued at the instance of Kalavadhi for changing her sons name as M. Praveenkumar instead of K. Praveenkumar xi) Petitioners ration card No. 01/W/0014850 (2005-2009) xii) Photo identity card dated 26.01.2001 issued by Election Commission of India to the petitioner at Dharmapuri Constituency xiii) Photo identity card dated 28.03.2006 issued to the Petitioner at Villivakkam Constituency.

On receipt of the petitioners explanation, the second respondent appointed Mr. K. Meenakshi Sundaram, Joint Director of Rural Development, Project Officer, Mahalir Thittam, Dharmapuri as enquiry officer. The enquiry officer has sent notice to Kalavathi to appear for an enquiry on 13.02.2008, but she has sent a letter dated 05.02.2008 to the respondents 1 and 2 herein stating that she was not interested in pursuing the complaint, which was also forwarded to the Enquiry Officer. On receipt of the said letter, the Enquiry Officer again sent a notice directing Kalavathi to appear for an enquiry on 27.02.2008, but she did not turn up. Thereafter,the enquiry officer, with the available records, concluded the enquiry and found that both the charges are not proved and submitted his report to the respondents on 29.02.2008. The first respondent is also fully aware that the date of superannuation of the petitioner was 31.03.2008, but not chosen to consider the enquiry officers report before the said date, however, allowed him to retire from his service reserving their right to proceed against him further. The petitioner, having waited for a long period and the first respondent has not taken any steps to pa