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2025 Supreme(Online)(Mad) 20040

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice R. SUBRAMANIAN
The Principal Secretary to Government – Appellant
Versus
S. Manoharan – Respondent


JUDGMENT :

G.ARUL MURUGAN, J.

This intra-court appeal is directed against the order dated 03.06.2024 in W.P.No.6839 of 2017, wherein the punishment of compulsory retirement imposed on the writ petitioner was set aside and the appellants were directed to settle the consequential benefits.

2. The respondent herein while he was working as Tahsildar in Tambaram Taluk, was visited with the charge memo dated 02.03.2010 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, 1955 [hereafter referred to as “the Rules”] by framing three charges. The charges came to be issued mainly on the ground that the respondent had passed an order on 11.09.2002 for effecting change of register, based on the petition of one Thiru.K.Krishnan dated 16.08.2002 in respect of the Government lands measuring an extent of 10 acres in Survey No.657/1A2 of Pallikaranai Village, Tambaram Taluk, which is classified as Sarkar Poramboku-Kazhuveli.

3. The respondent submitted his reply on 30.06.2010 and not satisfied with the reply an enquiry officer was appointed. In the enquiry only one document that is the order dated 11.09.2002, was filed and no witnesses were examined. After completing the enqui

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