R.K. Agrawal, Acting Chief Justice:

Doubting the correctness of the judgment delivered by a Division Bench of this Court in Writ Appeal (MD) No.669 of 2011 (The District Collector, Tiruchirappalli, District, Tiruchirappalli vs. N. Mohanraj) decided on 22.7.2011, a Co-ordinate Bench had referred the present appeal to a Larger Bench. The relevant portion of the order passed by the Co-ordinate Bench is reproduced below:-

“The question that falls for consideration in this appeal is as to whether even in cases where there are serious charges of misappropriation and loss caused to the Government Exchequer, an employee, on attaining the age of superannuation, could be allowed to retire, without prejudice to the disciplinary proceedings which are contemplated.

2. There are conflicting decisions on this issue. We doubt the correctness of the judgment rendered by a Division Bench of this Court in W.A. No.669 of 2011 dated 22.7.2011. Hence, the matter needs to be adjudicated by a Larger Bench.

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2. Law laid down by this Court in the case of District Collector, Tiruchirappalli (supra)

In the aforesaid case, the writ petitioner-N. Mohanraj was permitted to retire from serv