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2017 Supreme(Mad) 1027

S.VIMALA
M. Nainar Mohammed – Appellant
Versus
State of Tamil Nadu, Rep. by the Principal Secretary to Govt. , Environment & Forests (FRI) Department – Respondent


Advocates Appeared:
For the Petitioner: Mr. D. Selvanayagam
For the Respondents: Mr. A. Muthu Karuppan

ORDER :

"No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks". More recently, the European Convention on Human Rights in Article 6(1) promises that "in the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time.”

2. Writ petition No.21428 of 2016 has been filed by the petitioner, challenging the impugned order of the rejection of retirement benefits to the petitioner, passed by the first respondent by the order, dated 13.10.2016.

2.1. This order is assailed on the following grounds:-

(i) When the disciplinary proceedings initiated against the petitioner by virtue of G.O.(D) No.90, dated 27.04.2015 and G.O.(D) No.91, dated 27.04.2015, have been dropped, there is no justification to deny the payment of retirement benefits.

(ii) The order passed by the first respondent is a non-speaking order and the order is also on account of non-application of mind; the reason being that when the petitioner attain





































































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