Petitioner, Principal District Judge, sought mandamus to retire with benefits with other disciplinary cases pending. Court dismissed petition as final orders in one ongoing enquiry were awaited before retirement could be permitted.
Petition dismissed with direction to first respondent to look into subsistence allowance.
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In the High Court of Judicature at Madras
Dated : 27.4.2015
Coram :
The Honourable Mr.Justice V.RAMASUBRAMANIAN and
The Honourable Mr.Justice T.MATHIVANAN
Writ Petition No.12561 of 2015
N.Velu ...Petitioner
Vs
1.The Registrar General, High Court,
Madras.
2.The Secretary, Government of
Tamilnadu, Department of Public,
Fort.St.George, Chennai-9. ...Respondents
PETITION under Article 226 of The Constitution of India praying for the issuance of a Writ of Mandamus directing the respondents to allow to retire the petitioner with all attendant benefits at once.
For Petitioner : Mr.R.Anbarasan For R2 : R.Ravichandran AGP
Order of the Court was made by V.Ramasubramanian,J
The petitioner, who was holding the post of Principal District Judge, Namakkal and who was not permitted to retire on reaching the age of superannuation on account of pendency of disciplinary proceedings, has come up with the above writ petition, seeking a Mandamus to direct the respondents to permit him to retire with all attendant benefits.
2 issues framed by the court
Whether a gazetted officer pending final departmental proceedings can be directed to retire with benefits.
Whether the High Court can issue a writ to force retirement before all disciplinary charges are concluded.
N. Velu
The Registrar General, High Court, Madras
The Secretary, Government of Tamilnadu, Department of Public
V. Ramasubramanian
T. Mathivanan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
