P. DEVADASS, J.

1. This Writ Appeal is at the instance of the Commissioner, Tiruvallore Municipality, Tiruvallore (first respondent in the Writ Petition) as against the order of the Writ Court dated 5.8.2015 passed in W.P. No. 11915 of 2015.

2. This Writ Appeal arose under the following circumstances.

3. In 1978, Krishnan joined Tiruvallore Municipality as a Meter Reader. Subsequently, he became Town Planning Inspector. In the Court of District Munsif, Ambattur, one T.V. Krishna Rao filed the suit in O.S. No. 56 of 2008 as against the said Municipality, seeking certain reliefs.

4. In 2009, under Rule 8(2) of the Tamil Nadu District Municipal Services (Discipline and Appeal) Rules, 1970, Krishnan was proceeded with for his failure to furnish para-war remarks to the Municipal Standing Counsel for the preparation of a reply affidavit to be filed in the said suit. In his reply, Krishnan denied the allegation. An Enquiry Officer was appointed. Enquiry was pending.

5. Krishnan is to retire on 30.6.2014 on his attaining superannuation. The Commissioner of Municipal Administration, Chennai (second respondent in the Writ Petition) directed the Tiruvallore Municipal Commissioner to pla