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2022 Supreme(Online)(MAD) 6373

HIGH COURT OF MADRAS
Hon`ble Mr Justice V. PARTHIBAN
B.Maximus – Appellant
Versus
State of Tamil Nadu – Respondent


O R D E R

The facts which gave rise to the filing of the writ petition are briefly stated hereunder.

i) The petitioner was appointed as a Senior Inspector of Co-

operative Societies after the selection through Tamil Nadu Public Service Commission on 16.04.1970. Subsequently, he was promoted as Co-operative Sub-Registrar on 01.06.1988. When the petitioner was due for retirement on attaining the age of superannuation, a charge memo was issued on 29.08.1997 on two counts. For the same charges, an F.I.R. came to be registered in Crime No.4/1997 on the file of Commercial Crime Investigation Wing, Chennai. A second Charge Memoo was issued on 09.10.1997 alleging certain other acts of misconduct on the part of the petitioner. In view of the pending disciplinary action, by G.O.(2D) 141 Cooperation Department dated 28.11.1997, the petitioner was not allowed to retire from service which was due on 30.11.1997. Subsequent to the date of his retirement, the petitioner was issued with 3rd charge memo dated 23.06.1998. In respect of the above charges, one more criminal complaint was registered in Crime No.3 of 2004.

ii) The departmental proceedings had not been proceeded with in respect of three char

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