Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 59490

IN THE HIGH COURT OF JUDICATURE AT MADRAS
B.PUGALENDHI, J
Christhudhas.G – Appellant
Versus
The Additional Chief Secretary to Government, The Department of Animal Husbandry, Dairying, Fisheries and Fishermen Welfare, Fort St.George, Chennai – Respondent
W.P(MD)No.13891 of 2022 | WMP(MD) Nos.9882 & 9883 of 2022

Advocates:
For the Appellants/Petitioners: Mrs. A.L.Gandhimathi, Senior Counsel for Mr.C.Mayilvahana Rajendran
For the Respondents:Mr.Veerakathiravan Additional Advocate General Assisted by Mr.K.Balasubramani Special Government Pleader

Disciplinary proceedings against a government servant must follow due process, especially regarding suspension near retirement; disparities in accountability among ranks can undermine public trust.

Headnote:(A) Tamil Nadu Government Servants (Condition of Service) Act, 2016 - Section 7(1) - Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 - Suspension of Additional Milk Commissioner on grounds of alleged misconduct in procurement of Registers leading to significant financial loss to Cooperative Milk Societies. Impugned orders quashed due to violations of procedural fairness and lack of evidence against the petitioner while IAS officers were exonerated without justifiable cause. (Paras 1-41)

Facts of the case:
The petitioner, serving as Additional Milk Commissioner, challenged his suspension and prevention of retirement due to alleged financial misconduct resulting in losses exceeding Rs. 1.75 crores.

Findings of Court:
The court dismissed the writ petition but emphasized the need for a timely conclusion of disciplinary proceedings and recommended re-opening criminal cases against higher officials based on findings of misconduct.

Issues: The court addressed whether the suspension was lawful and if the disciplinary procedures followed adhered to established guidelines, particularly regarding the timing relative to retirement.

Ratio Decidendi: The court upheld that procedural violations in the suspension process compromised the legality of the action against the petitioner and criticized the unequal application of accountability regarding the IAS officers involved.

Result: Writ petition dismissed; disciplinary proceedings to conclude within three months with criminal investigations into misconduct against implicated IAS officers.

Table of Content
1. petitioner's suspension and lack of retirement (Para 1 , 2)
2. petitioner's unblemished record and government guidelines on suspension (Para 3 , 4 , 5 , 6 , 7)
3. enquiry and charges against involved officials (Para 8 , 9 , 10 , 11 , 12 , 13 , 14)
4. court's consideration of evidence and ongoing disciplinary proceedings (Para 15 , 16 , 17 , 18)
5. irregularities in procurement process and fraud implicated (Para 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26)
6. recommendations for prosecution and disciplinary actions (Para 27 , 28 , 29 , 30)
7. accountability of ias officers and systemic corruption (Para 31 , 32 , 33 , 34)
8. vigilance department oversight and call for policy enforcement (Para 35 , 36 , 37 , 38 , 39 , 40)
9. dismissal of writ petition and directive for action (Para 41)

ORDER

The petitioner, who served as an Additional Milk Commissioner in the respondent Department was placed under Suspension, vide G.O. (2D) No.11, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (MP.II) Department, dated 30.05.2022 and he was not allowed to retire from services, vide G.O.(2D) No.12, Animal Husbandry, Dairying and Fisheries (MP.II) Department, dated 31.05.2022. Challenging the same, the petitioner has filed this writ petition.

2.According to the petitioner, he was appointed through Tamil Nadu Public Service Commission in the year 1989 as Senior Inspector of Co-operative Society. He was promoted to various other posts and as an Additional Milk Commissioner on Adhoc basis, as per Section 7(1) of the Tamil Nadu Government Servants (Condition of Service) Act, 2016 on 05.11.2019. An audit enquiry was conducted with regard to the purchase of Registers for the Primary Milk Co-operative Societies and the Audit team has submitted a report that this petitioner has caused loss to the tune of Rs.1,75,33,953.50/- to the Co-operative Milk Societies. The Vigilance and Anti Corruption Department has conducted an enquiry in this regard and has recommended for appropriate departmental action as against Mr.C.Kamaraj, I.A.S., the then Director and Mr. Vallalar, I.A.S., the then Commissioner and this petitioner / the then Additional Milk Commissioner. Thereafter, the petitioner was placed under suspension and he was also not allowed to retire from service vide G.O. (2D) No.11 & 12, Animal Husbandry, Dairying, Fisheries and Fishermen Welfare (MP.II) Department, dated 30.05.2022 and 31.05.2022 respectively.

3.Learned Senior Counsel appearing for the petitioner submitted that this petitioner had served in the Department for 33 years and he is having an unblemished record, promoted as Deputy Registrar in the year 1996 and as Deputy Milk Commissioner in the year 2019 and as Additional Milk Commissioner in the year 2019. He was due to retire from service on attaining the age of superannuation on 31.05.2020. The Commissioner, Milk Production and Dairying Development, Chennai sought a report from the Deputy Registrars of all the Districts, regarding the departmental proceedings, if any, pending as against the petitioner or any dues liable to be paid by him to the Government. Reports have been submitted that there is no adverse record as against this petitioner and therefore the Commissioner, vide his proceedings in RC No. 3827/B2/2020, dated 23.04.2020, permitted the petitioner to retire from service on 31.05.2020. The Vigilance and Anti-Corruption Department have also issued a clearance that there was no enquiry or any investigation pending in the Directorate as against this petitioner. In the meantime, the Government, vide G.O.(Ms).No.51, dated 07.05.2020 increased the age of superannuation of the Government servants from 58 years to 59 years and then to 60 years vide G.O.(Ms) No.29, dated 25.02.2021. The petitioner, not inclined to continue with the service, made a request for voluntary service with effect from 31.10.2020. The Commissioner has also permitted the petitioner to retire on Voluntary Retirement Service, by his proceedings, dated 08.

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