{"id":169740,"date":"2002-06-26T00:00:00","date_gmt":"2002-06-25T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/r-arumugam-vs-government-of-tamil-nadu-on-26-june-2002"},"modified":"2018-10-23T04:06:49","modified_gmt":"2018-10-22T22:36:49","slug":"r-arumugam-vs-government-of-tamil-nadu-on-26-june-2002","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/r-arumugam-vs-government-of-tamil-nadu-on-26-june-2002","title":{"rendered":"R.Arumugam vs Government Of Tamil Nadu on 26 June, 2002"},"content":{"rendered":"<div class=\"docsource_main\">Madras High Court<\/div>\n<div class=\"doc_title\">R.Arumugam vs Government Of Tamil Nadu on 26 June, 2002<\/div>\n<pre>       \n\n  \n\n  \n\n \n \n IN THE HIGH COURT OF JUDICATURE AT MADRAS\n\nDATED: 26\/06\/2002\n\nCORAM\n\nTHE HONOURABLE MR.JUSTICE V.KANAGARAJ\n\nWRIT PETITION NO.7851 OF 1999 AND WRIT PETITION NO.7869 OF 1999\nAND W.P.NO. 18379 OF 1999\nAND\nWMP.NOS.11181, 11202 AND 26819 OF 1999\n\n\nR.Arumugam                             ... Petitioner in all the Wps.\n\n-Vs-\n\nGovernment of Tamil Nadu,\nrep.by the Assistant Director,\nKhadi &amp; Village Industries,\nTamil Nadu,\nKhadi &amp; Village Industries Board,\nVirudhunagar                            ... Respondent in all the Wps.<\/pre>\n<p>                Writ Petitions filed under Article 226 of the Constitution  of<br \/>\nIndia  praying  to  issue  writs  of Ceriorari(in Wps.7851 and 18379\/1999) and<br \/>\nCertiorarified Mandamus (in WP.7869\/1999) as stated therein.\n<\/p>\n<p>For petitioner :  Mr.K.V.Srinivasaraghavan<\/p>\n<p>For respondent :  Mr.B.Dhinesh Kumar<\/p>\n<p>:COMMON ORDER<\/p>\n<p>                All the above three writ petitions have been filed by one  and<br \/>\nthe  same  petitioner, the first one in W.P.No.7851 of 1999 praying to issue a<br \/>\nwrit of Certiorari calling  for  the  records  relating  to  the  respondent&#8217;s<br \/>\nshow-cause  notice  issued  to  the  petitioner  bearing No.6813\/C1\/9 3, dated<br \/>\n26.3.1993 and quash the same in so far as the  petitioner  is  concerned;  the<br \/>\nsecond  one  in  W.P.7869  of  1999  praying to issue a Writ of Certiorarified<br \/>\nMandamus calling for the records in respect of  Letter  No.48807\/O2\/96,  dated<br \/>\n18.2.1999  of  the  respondent,  quash  the  same  and consequently direct the<br \/>\nrespondent to  sanction  payment  of  full  pension  and  Death-cum-Retirement<br \/>\nGratuity as   per   rules,  together  with  interest  at  15%  p.a.    on  the<br \/>\nDeath-cum-Retirement Gratuity from 1.10.1 996 to  the  date  of  payment  with<br \/>\ncosts  and  the  third  writ  petition  in W.P.No.18379 of 1999 has been filed<br \/>\npraying to issue a  Writ  of  Certiorari  to  call  for  the  records  of  the<br \/>\nrespondent relating to the charge memo.  No.59319\/E3(2)\/99-2, dated 15.10.1999<br \/>\nand quash the same.\n<\/p>\n<p>                2.   For  easy  reference  and  for  the  sake of convenience,<br \/>\nW.P.Nos.7851 of 1999, 7869 of 1999 and 18379 of 1999 are hereinafter  referred<br \/>\nto as the first, second and the third writ petitions respectively.\n<\/p>\n<p>                3.   In  the  affidavits  filed  in  support of the above writ<br \/>\npetitions, which are common regarding the facts of the case but  differing  at<br \/>\nthe  last  phase,  sticking  to  the prayers, the petitioner would submit that<br \/>\nhaving joined the services of the Tamil  Nadu  Khadi  and  Village  Industries<br \/>\nBoard  as  a  Junior  Assistant in 1963, he was promoted Assistant Director in<br \/>\nJune,  1992  and  served  in  various  places  prior  to  his  retirement   of<br \/>\nsuperannuation  on  30.9.1996  and  in fact by proceeding dated 24.9.1996, the<br \/>\nrespondent permitted him to retire from the Board&#8217;s service  on  30.9.1996  on<br \/>\nattaining the age of superannuation.\n<\/p>\n<p>                4.  The petitioner would then quote Regulation 48 of the Tamil<br \/>\nNadu  Khadi  and  Village Industries Board Service Regulations, 1966 and would<br \/>\nsubmit that the said Regulations Mutatis mutandis apply to the Members of  the<br \/>\nBoard&#8217;s  Service in the matter of pay, allowances, Travelling Allowance, Leave<br \/>\nSalary and other conditions of service;  that  on  10.3.1993,  the  respondent<br \/>\naccorded  sanction  for  the  payment of provisional pension at Rs.1,498\/= per<br \/>\nmonth to the petitioner for a period of one year from 1.10.1996  to  30.9.1997<br \/>\nor  till  the finalisation of the pension, whichever is earlier; that in 1999,<br \/>\nby letter dated 18.2.1999, it  was  revealed  that  certain  audit  objections<br \/>\nduring the petitioner&#8217;s service have been raised and only based on the outcome<br \/>\nof  the decision arrived at, his retirement benefits would be allowed and till<br \/>\nthen, only provisional pension could be allowed; that in  April,  199  9,  the<br \/>\npetitioner  filed the first writ petition above to quash the show-cause notice<br \/>\ndated 26.3.1999 and this Court admitted the  same  and  also  ordered  interim<br \/>\ninjunction on 9.7.1999 in W.M.P.No.11181 of 1999 .\n<\/p>\n<p>                5.   The  petitioner  would also submit that he also filed the<br \/>\nsecond writ petition above with the prayer extracted therein and in this  writ<br \/>\npetition  also,  in W.M.P.No.11203 of 1999, this Court directed the respondent<br \/>\nto pay a sum of Rs.50,000\/= to the petitioner towards  Dearness  Allowance  on<br \/>\nProvisional Pension within six weeks; that while so, on 17.10.1999, the charge<br \/>\nmemo.  dated 15.10.1999 which is the subject matter of the third writ petition<br \/>\nabove  had  been  issued by the respondent under Regulation 34(b) of the Tamil<br \/>\nNadu Khadi and Village Industries Board Service Regulations and  Rule  9(2)(b)<br \/>\nof the Pension Rules of Tamil Nadu; that the said letter contained two charges<br \/>\nrelating  to  the  purchase  of  silk cotton during August, 1995 for which the<br \/>\npetitioner sent his reply dated 29.10.1999 expressing his inability to  submit<br \/>\nhis explanation and took time.  Further stating that the impugned charge memo.<br \/>\ndated 15.10.1999 has been issued in violation of the Pension Rules and the law<br \/>\nlaid  down  by  the  Supreme  Court,  the petitioner would file the third writ<br \/>\npetition above on certain grounds as brought forth in the said writ petition.\n<\/p>\n<p>                6.  In the grounds of the third writ petition, the  petitioner<br \/>\nwould  extract  Pension  Rule  9(2)(b)  and  9(2)6)  and would submit that any<br \/>\ndepartmental proceedings, against  a  retired  Government  Servant,  could  be<br \/>\ninitiated only  within  the  parameters  of these Rules.  The petitioner would<br \/>\nalso quote the decision of the Apex Court reported in A.I.R.   1954  (SC)  340<br \/>\nwherein  it  has  been  held  that  `the  defect of jurisdiction whether it is<br \/>\npecuniary or territorial or whether it is in respect of the subject matter  of<br \/>\nthe  action,  strikes  at the very authority and such a defect cannot be cured<br \/>\neven by consent of parties&#8217; and would submit that the said proposition of  law<br \/>\napplies squarely  to  his case.  On such grounds, the petitioner would pray to<br \/>\nthe relief in the third writ petition<\/p>\n<p>                7.  In the counter affidavit filed on behalf of the respondent<br \/>\nin the first writ petition above, it would be submitted  that  the  respondent<br \/>\nhas  been  wrongly shown as representing the Government of Tamil Nadu and that<br \/>\nhe cannot represent the Government and at this score itself, the writ petition<br \/>\nbecomes liable to be dismissed; that while the writ petitioner was serving  as<br \/>\nthe  Assistant  Director  of Khadi and Village Industries at Virudhunagar from<br \/>\n1.10.1993 to 14.5.1995, he was also acting as the  Chairman  of  the  Purchase<br \/>\nCommittee  to  purchase  neem seeds to the Board for the year 1993-94, 1994-95<br \/>\nand 1995-96 and it came to be  found  that  the  purchases  were  of  inferior<br \/>\nquality  and the price fixed was much more than the market rate thus causing a<br \/>\nloss of Rs.3,38,406\/= to the Board on which there were audit objections;  that<br \/>\nsince  proceedings  were  pending  against  him, he gave an undertaking to the<br \/>\neffect of authorising the respondent to recover the loss caused by him\/payable<br \/>\nby him due to his omissions, negligence and  carelessness  from  his  terminal<br \/>\nbenefits   and   that   he  had  no  objection  for  such  recovery  from  his<br \/>\nDeath-cum-Retirement Gratuity, commutation pension and Dearness  Allowance  on<br \/>\npension etc.  payable to him; that only in view of the said undertaking given,<br \/>\nhe  was  permitted  to  retire from service; that because of the action of the<br \/>\npetitioner, the Board sustained a loss of Rs.2,05,191\/= during  1993-95  which<br \/>\nhe  is  bound to make good; that only pending finalisation of the loss, he was<\/p>\n<p>allowed to  draw  provisional  pension  on  humanitarian  grounds.    On  such<br \/>\ncontentions,  the  respondent  would  ultimately pray to dismiss the said writ<br \/>\npetition with costs.\n<\/p>\n<p>                8.  During arguments, the learned counsel for the  petitioner,<br \/>\nbesides tracing the facts and circumstances which have already been pleaded in<br \/>\nall  the  above  writ  petitions, would point out that as per the letter dated<br \/>\n24.9.1996, the petitioner was allowed to retire from service on 30.9.1996  and<br \/>\ntherefore  the  tie is snapped between the petitioner and the respondent; that<br \/>\nwhile so, the Tamil Nadu Pension Rules come into play, which are applicable to<br \/>\nthe employees of the Tamil Nadu Khadi and Village Industries Board  and  would<br \/>\nlay emphasis on Regulation 48 of the Board&#8217;s Regulations.  The learned counsel<br \/>\nwould also cite the following four judgments:\n<\/p>\n<p>1.  A.I.R.   1985  Supreme  Court  356  <a href=\"\/doc\/1920837\/\">(STATE  OF  KERALA  AND OTHERS vs.  M.<br \/>\nPADMANABHAN NAIR)<\/a><\/p>\n<p>2.  A.I.R.  1990 Supreme Court 10 <a href=\"\/doc\/317602\/\">(S.S.RATHORE vs.  STATE OF MADHYA PRADESH)<\/a><\/p>\n<p>3.  1995 Supp (3) Supreme Court Cases  56  <a href=\"\/doc\/626050\/\">(STATE  OF  BIHAR  AND  OTHERS  vs.<br \/>\nMOHD.IDRIS ANSARI) and<\/a><\/p>\n<p>4.  2000-II-LLJ 253 (VIJAY L.MEHROTRA AND STATE OF U.P.  AND OTHERS)<\/p>\n<p>                9.  So far as the first judgment cited above is concerned, the<br \/>\nHonourable Apex Court has held:\n<\/p>\n<p>&#8220;Pension  and  gratuity  are  no  longer  any  bounty to be distributed by the<br \/>\nGovernment to its employees on their retirement but are  valuable  rights  and<br \/>\nproperty  in their hands and any culpable delay in settlement and disbursement<br \/>\nthereof must be visited with the penalty of payment of interest at the current<br \/>\nmarket rate till actual payment.  The liability to pay penal interest on these<br \/>\ndues at the current market rate commences at the expiry of two months from the<br \/>\ndate of retirement.&#8221;\n<\/p>\n<p>                10.  So far as the second judgment cited above is concerned, a<br \/>\nlarger Bench of the Honourable Apex Court,  while  determining  the  cause  of<br \/>\naction  for  the purpose of limitation applicable to decisions of Departmental<br \/>\nTribunals, held:\n<\/p>\n<p>&#8220;In the case of a service dispute the cause of action must be taken  to  arise<br \/>\nnot from the date of the original adverse order but on the date when the order<br \/>\nof  the higher authority where a statutory remedy is provided entertaining the<br \/>\nappeal or representation is made and where no such order is made,  though  the<br \/>\nremedy  has  been availed of, a six months&#8217; period from the date of preferring<br \/>\nof the appeal or making of the representation shall be taken to  be  the  date<br \/>\nwhen cause of action shall be taken to have first arisen.&#8221;\n<\/p>\n<p>                11.   In  the  third judgment cited above, the Honourable Apex<br \/>\nCourt, in a case wherein a  notice  seeking  to  initiate  fresh  departmental<br \/>\nproceedings  after  the  retirement  of  the  respondent, applying the proviso\n<\/p>\n<p>(a)(ii) to Rule 43(b) of the Bihar Pension Rules, would remark that  `it  must<br \/>\nbe  shown  that  in  departmental  proceedings or in judicial proceedings, the<br \/>\nGovernment servant concerned is found guilty of grave  misconduct.    This  is<br \/>\nalso  subject to the rider that such departmental proceedings shall have to be<br \/>\nin respect of misconduct which took place not more than four years before  the<br \/>\ninitiation  of  such proceedings&#8217; and therefore would hold that `apparently no<br \/>\ndepartmental proceedings  could  have  been  initiated  in  1993  against  the<br \/>\nrespondent  under  the  said Rule in connection with the alleged misconduct of<br \/>\nthe year 1986 -87.&#8217;<\/p>\n<p>                12.  In the last judgment cited above, which  too  is  by  the<br \/>\nHonourable  Apex Court, it has been held that `in case of an employee retiring<br \/>\nafter having rendered service, it is expected that all the payment of  retiral<\/p>\n<p>benefits  should  be paid on the date of retirement or soon thereafter&#8230;.&#8217; On<br \/>\nsuch arguments, the learned counsel appearing  on  behalf  of  the  petitioner<br \/>\nwould ultimately pray to allow the writ petitions as prayed for.\n<\/p>\n<p>                13.   On the contrary, the learned counsel appearing on behalf<br \/>\nof the respondent, besides extracting what has  been  stated  in  the  counter<br \/>\naffidavit  filed  on behalf of the respondent would pin-pointedly say that all<br \/>\nthe writ petitions are defective on the very face of them on  account  of  the<br \/>\nlegal error made in the very cause title thereby wrongly terming the Assistant<br \/>\nDirector, Khadi and Village Industries Board as representing the Government of<br \/>\nTamil  Nadu  and  at  this score itself the writ petitions become liable to be<br \/>\ndismissed as untenable  in  law.    He  would  further  lay  emphasis  on  the<br \/>\nirregularities committed on the part of the petitioner while he was working as<br \/>\nthe Chairman of the Purchase Committee to purchase neem seeds to the Board for<br \/>\nthe  years  1993  to  1996  and therefore the respondent authority is right in<br \/>\nhaving initiated the disciplinary proceeding against him.  The learned counsel<br \/>\nwould further point out that none of the judgments cited on the  part  of  the<br \/>\npetitioner would  apply  to  the facts of the case.  The learned counsel would<br \/>\nalso argue that neither the Regulation 48 nor Regulation 34(b)  of  the  Tamil<br \/>\nNadu  Khadi  and  Village  Industries Board Service Regulations, 1996 nor even<br \/>\nRule 9(2)(b) and 9(2)(6) of the Pension Rules of Tamil Nadu would come to  the<br \/>\nrescue  of the petitioner since the petitioner&#8217;s case do not at all fall under<br \/>\nthe purview of these provisions of law.    On  such  arguments  advanced,  the<br \/>\nlearned counsel appearing on behalf of the respondent would ultimately pray to<br \/>\ndismiss all the above writ petitions as bereft of any merit.\n<\/p>\n<p>                14.   In  consideration of the facts and circumstances brought<br \/>\nforth by the petitioner in the pleadings of the writ petitions, having  regard<br \/>\nto  the  materials  placed  on record and upon hearing the learned counsel for<br \/>\nboth what could be gathered is that it is a disciplinary proceeding  initiated<br \/>\nagainst  the  petitioner  first  by issuing the letter dated 18.2.1999 thereby<br \/>\nstating that since certain audit objections and lapses were pending pertaining<br \/>\nto the service period of the petitioner, only a provisional pension  could  be<br \/>\nallowed  and  only  based  on  the  outcome  of  the  decision arrived at, the<br \/>\nretirement benefits would be allowed and the said letter is  impugned  in  the<br \/>\nsecond writ  petition  above.    The impugned order in the first writ petition<br \/>\nabove is the show cause  notice  dated  26.3.1999  issued  by  the  respondent<br \/>\nthereby  seeking  his  explanation as to why recovery of the loss sustained by<br \/>\nthe Board should not be effected from his terminal benefits and  the  impugned<br \/>\norder  in  the  third  writ petition above is also the show-cause notice dated<br \/>\n15.10.1999 thereby framing charges against the petitioner.  All these impugned<br \/>\norders gave way for the petitioner  to  initiate  all  the  above  three  writ<br \/>\npetitions at the relevant points of time.\n<\/p>\n<p>                15.   The  subject  matter for such proceeding to be initiated<br \/>\nagainst the petitioner is the irregularities committed  on  the  part  of  the<br \/>\npetitioner  while  serving  as  the  Assistant  Director  of Khadi and Village<br \/>\nIndustries Board,  Virudhunagar  from  1.10.1993  to  14.5.1995  and  in  such<br \/>\ncapacity  acting  as  the Chairman of the Purchase Committee he purchased neem<br \/>\nseeds and it came to be found that the said purchases were of inferior quality<br \/>\nand the price fixed was far higher than the market value, resulting in a  loss<br \/>\nof  Rs.3,38,406\/=  to  the  Board, which had also been brought to light by the<br \/>\naudit report.\n<\/p>\n<p>                16.  The pertinent question that arises for  consideration  in<br \/>\nthe  wake  of  the  allegation  of  the  writ petition and in the light of the<br \/>\njudgments of the Apex Court cited is, `whether it is right on the part of  the<br \/>\nrespondent  Board  to  have  initiated the disciplinary proceeding against the<br \/>\npetitioner further refusing to pay to  the  petitioner  the  retiral  benefits<br \/>\nafter  having  allowed  the  petitioner  to  actually  retire  from service on<br \/>\n30.9.1996 on attaining his superannuation?&#8217;<\/p>\n<p>                17.  Though this point of law has been highlighted on the part<br \/>\nof the petitioner, nowhere the  petitioner  has  stated  that  he  assured  in<br \/>\nwriting  to  the  Board  authorities  that  he  might  be allowed to retire on<br \/>\nsuperannuation subject to the pendency of the enquiry instituted  against  him<br \/>\nand  further agreeing to get the retiral benefits on conclusion of the enquiry<br \/>\nand till such time expressing his satisfaction on  releasing  the  provisional<br \/>\nretiral benefits which have been provided for by the respondent Board that too<br \/>\npurely on humanitarian consideration.\n<\/p>\n<p>                18.   This  arrangement  made  in  a  cordial  atmosphere, the<br \/>\npetitioner assuring to cooperate with the disciplinary enquiry to  attain  its<br \/>\nlogical  conclusions,  had  neither  been  brought  forth  in  any of the writ<br \/>\npetitions nor had his case been based on  such  foundations  which  have  been<br \/>\ndisclosed  though technically it could not be branded as suppression of facts.<br \/>\nHowever, the judgments cited and the provisions of law shown  from  the  Rules<br \/>\nand  Regulations  concerned  cannot at all become applicable to the petitioner<br \/>\nespecially Rule 9(2)(b) and 9(2)(6) of the Tamil Nadu Pension Rules, which has<br \/>\nbeen clearly given that only an enquiry shall not be instituted in respect  of<br \/>\nan event which took place more than four years before such institution whereas<br \/>\nhere the delinquencies forming part of the disciplinary proceeding are alleged<br \/>\nto  have been committed on the part of the petitioner in between 1993 and 1996<br \/>\nand therefore even prior to the retirement of the petitioner, the disciplinary<br \/>\nproceedings having been initiated with the showcause  notice  dated  26.3.1993<br \/>\nwhich  is impugned in the second writ petition, there is absolutely no bearing<br \/>\nfor this Rule nor could it at any stretch of imagination be considered that in<br \/>\nthe usual course, having allowed the petitioner to retire, later the  domestic<br \/>\nenquiry has  been  commenced  by the Board&#8217;s authorities.  If at any delay has<br \/>\nbeen caused to the present day, it is only because of  the  petitioner  having<br \/>\nfiled  the  above  writ  petitions and stalling the proceedings by the interim<br \/>\norders passed by this Court and definitely not on account of  any  delay  that<br \/>\nhas been caused on the part of the respondent Board.\n<\/p>\n<p>                19.   So  far  as  the  judgments  cited  on  the  part of the<br \/>\npetitioner are concerned,  in  the  first  judgment  referred  to  above,  the<br \/>\nHonourable  Apex Court has held in the manner extracted supra that in cases of<br \/>\nculpable delay in settlement and disbursement thereof which  must  be  visited<br \/>\nwith the penalty of payment of interest at the current market rate till actual<br \/>\npayment.   But,  the  case  in  hand  is  not one in which either there is any<br \/>\nculpability in the payment of the retiral benefits of the  petitioner  or  any<br \/>\ndelay  in  settlement in the normal course, but, based on an enquiry initiated<br \/>\nprior to  retirement  and  on  assurance  given  by  the  petitioner  that  on<br \/>\nascertainment  of  the  figures  of  loss, it could be deducted from the final<br \/>\npayment, and therefore, the general proposition held by  the  Honourable  Apex<br \/>\nCourt does not in any manner apply to the facts of the case in hand.\n<\/p>\n<p>                20.   Likewise,  in  the  second  judgment  also,  it  is  the<br \/>\nlimitation question which is the subject matter and the Honourable Apex  Court<br \/>\nhas  fixed  the time limit in the context of the cause of action and it is not<br \/>\nthe limitation question which is the subject matter of the case  in  hand  and<br \/>\nhence  the second judgment cannot also come to the rescue of the petitioner in<br \/>\ndeciding his case.\n<\/p>\n<p>                21.  In the third judgment, since the Rules prescribe that  in<br \/>\nthe  case of a retiring person, the alleged misconduct should have taken place<br \/>\nwithin the last six years, from the time of  initiating  the  proceedings  and<br \/>\nsince  in  the case in hand, the action was initiated in the year 1993, for an<br \/>\nalleged misconduct of the year 1986-87, the Honourable Apex  Court  held  that<br \/>\n`no  action  could be taken under Rule 43(b) of the Bihar Pension Rules.&#8217; This<br \/>\nis not the question involved in the case of the  petitioner  even  though  the<br \/>\nsame  four  year period is prescribed in the Tamil Nadu Pension Rules which is<br \/>\nworking against the interest of the petitioner  since  the  loss  occasion  on<br \/>\naccount of mismanagement of the petitioner was during 1993 and 1996 and action<br \/>\nhas  been  well  initiated  in  the year 1996 itself and therefore there is no<br \/>\nquestion of the petitioner seeking protection under the relevant  Rule  quoted<br \/>\nby him in the grounds of third writ petition above.\n<\/p>\n<p>                22.   So far as the last judgment of the Honourable Apex Court<br \/>\nholding that the payment of retiral benefits should be made  on  the  date  of<br \/>\nretirement  or  soon thereafter is concerned, it cannot also be applied to the<br \/>\ncase of the petitioner in the sense that the said proposition applies  to  the<br \/>\nnormal  retirement  of  a  person  of the status of the petitioner without any<br \/>\ndisciplinary proceeding initiated against much less on a heavy loss caused  to<br \/>\nthe  department on account of the mismanagement of the delinquent which is the<br \/>\ncase of the petitioner herein and therefore this proposition  also  cannot  be<br \/>\nheld applicable to the case of the petitioner.\n<\/p>\n<p>                23.   For  all the above reasons assigned, there is absolutely<br \/>\nno iota of genuineness or legality attached to the reliefs sought for  in  any<br \/>\nof  the  writ  petitions  which have been filed only to stall the disciplinary<br \/>\nproceedings and it is not at all desirable  to  prolong  the  proceeding  thus<br \/>\nallowing it  to  become  stale.  Therefore, an early enquiry held and decision<br \/>\narrived at by the disciplinary authority alone will be the answer.    None  of<br \/>\nthe  notices or orders impugned in all the above three writ petitions could be<br \/>\neither held bad in law or is there any necessity on the part of this Court  to<br \/>\ninterfere  with  the  same  as  it  has  been  sought  for  on the part of the<br \/>\npetitioner in the prayer columns of all the writ petitions and  therefore  the<br \/>\nonly  valid  conclusion  that  could  be  arrived  at  by  this  Court  in the<br \/>\ncircumstances of the case is to  dismiss  all  the  above  writ  petitions  as<br \/>\nwithout  merit  and allowing the disciplinary proceeding instituted already to<br \/>\nattain its logical ends.\n<\/p>\n<p>                24.  Absolutely, no legal infirmity or inconsistency or  error<br \/>\napparent  on the face of the record or lack of opportunity in violation of the<br \/>\nprinciples of natural justice or any such legal ills or  any  such  illegality<br \/>\nhas crept into all the notices and orders impugned in the above writ petitions<br \/>\nand therefore the only conclusion that could be arrived at by this Court is to<br \/>\ndismiss all the above writ petitions.\n<\/p>\n<p>                In  result,  all  the  above  writ petitions fail and they are<br \/>\ndismissed as such.\n<\/p>\n<p>                However, in the circumstances of the cases, there shall be  no<br \/>\norder as to costs.\n<\/p>\n<p>                Consequently, W.M.P.No.11181, 11202 and 26819 of 1999 are also<br \/>\ndismissed.\n<\/p>\n<p>Index:  Yes.<\/p>\n<pre>\nInternet:  Yes\nRao                                                             26.6.2002.\n\nTo\n\nThe Assistant Director,\nKhadi &amp; Village Industries,\nTamil Nadu,\nKhadi &amp; Village Industries Board,\nVirudhunagar.\n\n\n\nV.KANAGARAJ, J.\n\n\nCommon Order in W.P.NOS.\n7851,7869 &amp; 18379\/ 1999\nWMP.NOS.11181,11202 &amp; 26819\/1999\n\n\n\n\n\n\n<\/pre>\n","protected":false},"excerpt":{"rendered":"<p>Madras High Court R.Arumugam vs Government Of Tamil Nadu on 26 June, 2002 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26\/06\/2002 CORAM THE HONOURABLE MR.JUSTICE V.KANAGARAJ WRIT PETITION NO.7851 OF 1999 AND WRIT PETITION NO.7869 OF 1999 AND W.P.NO. 18379 OF 1999 AND WMP.NOS.11181, 11202 AND 26819 OF 1999 R.Arumugam &#8230; Petitioner in [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-169740","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v27.3 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>R.Arumugam vs Government Of Tamil Nadu on 26 June, 2002 - Free Judgements of Supreme Court &amp; 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