BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Date of Reserving the Order Date of Pronouncing the Order

29.10.2025 12.12.2025

CORAM:

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU

W.P.(MD) No.795 of 2025

and

W.M.P.(MD) No.519 of 2025

P.R.Johnsirani … Petitioner

-vs-

1.The Additional Chief Secretary/ Revenue Administrative

Commissioner,

Chepauk, Chennai – 600 005.

2.The District Collector,

Dindigul District, Dindigul.

3.The District Revenue Officer/ Additional Collector,

Dindigul District, Dindigul.

4.The R.D.O.,

Palani R.D.O. Office Building,

Palani Town & Taluk,

Dindigul District.

5.The Special Tahsildar, (Land Acquisition for NH),

Dindigul Collector Office building, Dindigul.

6.The Commissioner, Office of the Principal Accountant General (A&E), 631, Anna Salai, Chennai – 600 018.

7.The District Treasury Officer, Dindigul District Treasury Office, Dindigul. ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus or any other appropriate Writ or Order or direction, calling for the records in respect of 1^st respondent's office proceedings (pending before him) in ???? ???. ??? 5(1)/02-DA/50/2022 dated 02.03.2023 and quash the same and direct the 2^nd respondent to give the 'no due certificate' to the petitioner and consequently directing the 6^th and 7^th respondents to hand over all the revised retirements benefits and revised pension amounts with interest at the rate of 12% p.a. to the petitioner and to pass such further orders.

For Petitioner : Mr.V.Lakshmanan For Respondents : Mr.F.Deepak for RR1 to 5 & 7 Special Government Pleader Mr.P.Gunasekaran for R6 Standing Counsel

O R D E R

This Writ Petition of Certiorarified Mandamus had been filed to calling for the records in respect of 1^st respondent's office proceedings (pending before him) in ???? ???. ??? 5(1)/02-DA/50/2022 dated 02.03.2023 and quash the same and direct the 2^nd respondent to give the 'no due certificate' to the petitioner and consequently directing the 6^th and 7^th respondents to hand over all the revised retirements benefits and revised pension amounts with interest at the rate of 12% p.a. to the petitioner and to pass such further orders 2. Heard Mr.V.Lakshmanan, learned counsel appearing for the petitioner, Mr.F.Deepak, learned Special Government Pleader appearing for the respondents 1 to 5 & 7 and Mr.P.Gunasekaran, learned Standing Counsel appearing for the sixth respondent.

3. Mr.V.Lakshmanan, learned counsel appearing for the petitioner would submit that the petitioner was working as a Village Administrative Officer and was proceeded under Rule 17B of the Tamil Nadu (Discipline & Appeal) Rules (hereinafter referred to as 'the Rules') and was also placed under suspension. An Enquiry Report came to be made against the petitioner holding that the charges are proved and accepting the Enquiry Officer's Report, the second respondent by order dated 11.10.2011 had imposed an order of punishment of compulsory retirement against which the petitioner had preferred an Appeal with the first respondent and by an order dated 30.06.2015, the order of the Disciplinary Authority was set aside and remitted the matter back to him for fresh disposal.

4. On remand, the second respondent herein holding that the charges have been proved and also finding that the petitioner had been suffering for 10 years without any monetary benefits apart from the medical condition of the petitioner, imposed a punishment of censure and permitted the petitioner to retire from service on her date of superannuation with a further condition that the 1/3^rd of the loss that has been occurred to the Government shall be recovered from the petitioner together with interest. Thereafter, the third respondent herein by proceedings dated 13.08.2021 after deducting 1/3^rd amount together with interest directed the payment of terminal benefits to the petitioner.

5. When that being so, the first respondent herein by the impugned proceedings had suo motto set aside the proc