The petitioner challenged the validity of a charge memo issued after her deemed voluntary retirement, arguing it was without lawful authority. The Court disposed of the writ petition without deciding the substantive validity issue, leaving it open for a separate judgment.
Writ petition disposed of; no costs; connected CM.P.Nos. closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2019
CORAM :
THE HON'BLE MR.A.P.SAHI, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE SUBRAMONIUM PRASAD
W.P.No.23544 of 2019
P.Dhana
.. Appellant
vs.
Secretariat, Fort St. George Chennai – 600 002.
PRAYER: Petition under Article 226 of the Constitution of India for issuance of a writ of certiorarified mandamus to call for the records relating to the impugned proceedings issued by the fourth respondent in Roc.No.Nil, dated 28.3.2019, to quash the same and consequently direct the respondents to allow the petitioner to go on VRS on 10.3.2019 with all consequential and other attendant benefits.
For Petitioner : Mr.G.Sankaran
For Respondents : Mr.R.Udayakumar
Addl. Government Pleader for 1st respondent
Mr.M.Santhanaraman for respondents 2 to 4
ORDER
(Order of the Court was made by The Hon'ble Chief Justice)
We have heard learned counsel for the petitioner who has questioned the validity of the charge memo dated 28.3.2019 contending that the charges are vague and are not based on any bona fide action on the part of the respondents. It is also stated that it is without authority of law, inasmuch as once the petitioner is deemed to have voluntarily retired in terms of the application moved by her, then in that event no proceedings could have been undertaken or charge memo issued.
Sd/-
Assistant Registrar(CS)
//True Copy//
Sub Assistant Registrar
sasi
To:
Home Department Secretariat, Fort St. George Chennai – 600 002.
W.P.No.23544 of 2019
A.SK(24/01/2020)
2 issues framed by the court
Whether the charge memo issued against the petitioner can be set aside to allow her voluntary retirement.
Whether proceedings against a deemed voluntary retiree are valid.
P.Dhana
Government of Tamil Nadu
A.P.Sahi
Subramonium Prasad
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
