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2022 Supreme(Mad) 1314

S. VAIDYANATHAN, MOHAMMED SHAFFIQ
Principal Secretary to Government Handlooms, Handicrafts, Textiles & Khadi (G1) Department, Chennai – Appellant
Versus
M. Rathakrishnan, Formerly Deputy Director of Sericulture, Office of the Director of Sericulture, Salem – Respondent


Advocates appeared:
For the Appellant:R. Neelakandan, Addl. Advocate General. For the Respondent:M. Radhakrishnan, Advocate.

JUDGMENT

(Prayer: Writ appeal is filed under clause 15 of the Letter Patent praying to set aside the order dated 27.02.2020 made in W.P. No.6172 of 2012 and allow this writ appeal.)

Mohammed Shaffiq, J.

This intra-court appeal has been preferred against the order in W.P.No.6172 of 2011 insofar as the order in G.O.(2D).No:5, HHT & K(G1) department dated 30.03.2010 and order in G.O.Ms.No.160, HHT & K(G1) department dated 24.11.2010 issued by the appellant were set aside.

2. Brief facts :

At the outset, it may be relevant to state that this is the 3rd round of litigation against disciplinary proceedings which commenced with issuance of charge memo against the respondent/ writ petitioner on 31.03.1986. The gravamen of the charge was that the respondent/writ petitioner who was serving as the Deputy Director of Sericulture, had issued self cheque and withdrawn money to the tune of Rs.35,796.25/-. It is the case of the appellant-Department that it was not permissible for the respondent/writ petitioner to have withdrawn monies by way of self cheque. On the basis of the pendency of the charge, the respondent/writ petitioner was placed under suspension on 05.05.1986. The respondent/writ petitione

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