BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date of Reserving the Order Date of Pronouncing the Order

28.10.2025 26.11.2025 CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD) No.20690 of 2025 and W.M.P.(MD) Nos.16008, 16010 & 16012 of 2025 A.Mookkiah ... Petitioner -vs-

1.The State of Tamil Nadu, The Additional Chief Secretary to Govt., Water Resources Department, Secretariat, Chennai – 600 009.

2.The Chief Engineer, Water Resources Department, Chepauk, Chennai – 600 005.

3.The Chief Engineer, Water Resources Department, Tallakulam, Madurai.

4.The Superintending Engineer, Water Resources Department, Vaippar Basin Circle, Virudhunagar. ...Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus calling for the records pertaining to the impugned order passed by the 1^st respondent vide his proceedings in G.O. (D).No.184, Public Works (E2), Department, dated 24.06.2015, and the consequential impugned order passed by the 1^st respondent vide his proceedings in G.O.(D).No.190, Public Works (E2) Department dated 29.06.2015 and the consequential impugned order passed by the 1^st respondent vide his proceedings in letter No.29800/D1/2012-52, dated 17.07.2023, and quash the same as illegal and consequently directing the respondents to permit the petitioner to retire from service with effect from 30.06.2015, and disburse all the retirement benefits, within the period that may be stipulated by this Court.

For Petitioner : Mr.H.Mohammed Imran For Respondents : Mr.M.Sidharthan Additional Government Pleader

O R D E R

This Writ Petition had been filed to quash the impugned order passed by the 1^st respondent, vide his proceedings in G.O.(D).No.184, Public Works (E2), Department dated 24.06.2015, and the consequential impugned orders passed by the 1^st respondent, vide his proceedings in G.O.(D).No.190, Public Works (E2) Department dated 29.06.2015 and his proceedings in letter No. 29800/D1/2012-52 dated 17.07.2023, as illegal and consequently directing the respondents to permit the petitioner to retire from service with effect from 30.06.2015, and disburse all the retirement benefits, within the time stipulated.

2. Heard Mr.H.Mohammed Imran, learned counsel appearing for the petitioner and Mr.M.Sidharthan learned Additional Government Pleader appearing for the respondents.

3. The learned counsel for the petitioner would submit that the petitioner was initially appointed as Assistant Engineer on 03.08.1983 and was promoted as Assistant Executive Engineer and was further promoted as Executive Engineer and had reached the age of superannuation on

30.06.2015.

4. By the impugned Government order dated 24.06.2015, the petitioner was placed under suspension on allegations of irregularities and malpractice in the execution of development works in the various places at Tuthukudi Panchayat causing huge financial loss to the Government. Thereafter, by further impugned Government order dated 29.06.2015, orders were passed not permitting the petitioner to retire from services.

5. He would submit that as on the date of superannuation, no FIR was registered against the petitioner. By a further Government Order in G.O. (Ms)No.296 dated 08.08.2017 based upon the report of investigation submitted by the appropriate authority, further action as against the petitioner was dropped. However, no order permitting the petitioner to retire from services was passed by the respondents, but to shock and suprise by the impugned charge memo dated 17.07.2023, charges were framed under 17(b) under Tamil Nadu Civil services (Discipline and Appeal) Rules alleging that the petitioner in connivance of the superior and subordinate officers and other contractors had made false measurements pertaining to the construction of a flood protection wall at Sivanthipatti Annicut.

6.The said charge memo was served upon the petitioner only in January

2024. He would further submit that documents and evidences referred to in Annexure-