The court dismissed a writ appeal against an order rejecting a petition for retirement due to pending disciplinary proceedings and a criminal case. The court held that mandamus cannot compel retirement when other service matters are pending.
The writ appeal was dismissed with no costs.
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.
W.A.(MD)No.844 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.06.2021 CORAM THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)No.844 of 2021
S.Santhanam ... Appellant/Petitioner
Vs.
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the order of this Court made in W.P.(MD) No.13935 of 2013, dated 14.10.2020.
Prayer in WP(MD). 13935 of 2013 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 1st respondent to permit the petitioner to retire from service by disbursing all the retiral and other consequential benefits and payable to the petitioner forthwith.
For Appellants : Mr.V.O.S.Kalaiselvam For Respondents : Mr.R.M.Anbunithi for R1 Mr.A.K.Manickam, Standing Counsel for the Government (for R2)
J U D G M E N T
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J .]
We have heard Mr.V.O.S.Kalaiselvam, learned counsel appearing for the appellant; Mr.R.M.Anbunithi, learned counsel appearing for the first respondent and Mr.A.K.Manickam, learned Government Counsel appearing for the second respondent.
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W.A.(MD)No.844 of 2021
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
pkn
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To,
+1 CC to M/s.V.O.S.KALAISELVAM, Advocate SR-19596[F] dated 18/06/2021 +1 CC to M/s.SPL GP ( SR-19796[F] dated 21/06/2021 )
W.A.(MD)No.844 of 2021 17.06.2021
PM(CO)
TR(28.06.2021) 2P 5C https://hcservices.ecourts.gov.in/hcservices/
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2 issues framed by the court
Whether a writ of mandamus can be issued to compel retirement when disciplinary proceedings and a pending criminal case exist against the employee.
Whether the High Court can interfere with the lower court's order dismissing the petition due to pending service matters.
S.Santhanam
The Joint Registrar/Administrator, Pudukottai District Central Co-operative Bank
The Deputy Registrar Co-operative Society, Society (Circle), Marthandapuram
T.S.Sivagnanam
S.Ananthi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
