...retired from service on 31.07.2016. However, the impugned charge memo was issued to the petitioner under Rule 17(b) of Tamil Nadu Civil Services Discipline and Appeal Rules, 1955. Questioning the charge ...petitioner was not in service at the time of issuance of charge memo. 4.In the counter affidavit filed by the respondent, the respondent has admitted the fact that the charge memo was issued only ...discovered after his / retirement. The charge memo has been issued in respect of event which took place within 4 years from the date of institution of disciplinary proceedings. 14.It is submitted that as...

...more and the allegation itself is in the charge memo stage, on the death of the person charged, the charge lapsed. Further the petitioner was issued with a charge memo after his ...challenged the charge memo issued under Rule 17(b) of the Tamil Nadu Civil Services Discipline and Appeal Rules dated 26.09.2014 alleging that inspite of giving direction to...on 31.08.2013 and thereafter, the charge memo was issued which was challenged in the writ petition. During pendency of the writ petition, the original writ petitioner died. Since the petitioner is no...

...issued to him on 10.7.1998 and reply was given on 15.3.1999, no orders were passed till the date of retirement and he was permitted to retire. Thereafter, a charge memo was issued to him on 25.3.2000. ...departmental proceedings deemed to have been instituted on the date when the charge memo is issued as per Rule 9(6)(b) of the Rules. Admittedly, the charge memo was ...is issued, it is deemed to be for imposition of major penalties. The very fact that charge memo was issued would show that the intention of the authorities was to impose major penalty. As per Rule...

...Special Collector (L.A.), Polavaram Irrigation Project, respondent has issued charge memo on 27.10.2021, after petitioner's retirement, which is clearly contrary to Rule 9(2)(b)(ii) of the A.P. Revised...be allowed by this Court, by order, dated 22.06.2023. As petitioner also is on same footing and in as much as for an incident of more than four years of occurrence, impugned charge memo came to be issued after ...Pleader for Services-I appearing for the respondent does not refute the aforesaid submissions that for the incident of the year 2016, after retirement of petitioner on 30.06.2020, impugned charge memo came to be ...

...charge memo came to be issued after his retirement, namely, on 24.07.2008. Based upon the said charge memo, punishment was imposed upon the writ petitioner on 24.07.2018. The petitioner h...informed the Court that the final order, dated 24.07.2018 has been withdrawn and the Corporation has decided to close the charge memo with "No action". Recording the same W.P(MD)No.4849 of 2019 was...attendant benefits. Hence, the present writ petition. 4. Though the authorities have closed the charge memo and recalled the final orders passed based upon the charge...

...even No. dated 19.07.2010. (emphasis supplied) 6. The aforesaid makes it abundantly clear that the earlier charge memo dated 19.7.2010 was duly cancelled. Resultantly, it has to be concluded that it was fresh ...retirement of respondent on 19.7.2010, charge memo was already issued and the respondent was placed under suspension. Thereafter, the respondent reached the age of superannuation. As per the petitioners..., after the respondent retired from service on 31.7.2010, another additional charge memo was issued and the said charge memo could not have been set aside by the Tribunal. He submitted that the...

...issuance of the charge memo and that charge memo, which has been issued after the retirement of the petitioner is unsustainable in law, having regard to the inordinate and unexplained del...seen from the facts, the charge memo has been issued in the present case, nearly after a period of 17 years from the date of incident. He further submitted that the petitioner was permitted to retire...issued with a charge memo by the first respondent in Pani.2(4)/31629/2014-1, dated 15.04.2015 under Rule 17(b) of Tamil Nadu Civil Services Discipline and Appeal Rules...

...dismissal from service could be made in relation to the Government servant during his service." 5. The above Rule would require that, if the charge memo is issued after the ...memo was issued on 19 June 2017. The narration in the charge memo suggests that, the alleged misconduct was of the year 1996. It is in these undisputed facts, the decision in the order of learned...Single Judge needs to be examined. Since the writ petitioner had already attained the age of superannuation on 31 July 2016 and was issued charge memo in 2017, the Tamil Nadu Pension Rules, 1978 would...

...45-A of Tamil Nadu Pension Rules. 9.The learned counsel for the writ petitioner had further contended that no charge memo was pending on the date of his retirement and the charge memo was... proceedings as against the writ petitioner invoking Rule 9(2)(b)(i) of Tamil Nadu Pension Rules. Pursuant to the said sanction, a charge memo has been issued to the writ petition...memo having been issued after obtaining sanction from the Government, the contention of the petitioner that there was no charges pending as against him on the date of retirement is not legally...

... O R D E R The charge memo dated 24.02.2018 issued against the writ petitioner ...service on 22.04.2017 and he was neither placed under suspension nor his services are retained and therefore, the charge memo issued against the writ petitioner after retirement is untenable. Employer...Charge Memo dated 24.02.2018 issued by the respondent and direct the respondent to pay the salary for the period from 25.09.2015 to 22.04.2017 being the date when the petitioner completed 65 years of age...

..., the petitioner retired from service on 31.12.2019. The said charge memo dated 30.08.2023 was served after four years of retirement. 7. In respect of the charge ...memo issued after a lapse of six years four months from the date of the incident after retirement of the employee. The Division Bench of this Court in W.A.No.453 of 2021 & batch also considered Rule...Memo vide G.O.Ms.No.46, dated 04.12.2023 (Ex.P1) in W.P.No.33402 of 2023 was also issued to the petitioner. The petitioner did not submit an explanation to either of the charge...

..., the petitioner retired from service on 31.12.2019. The said charge memo dated 30.08.2023 was served after four years of retirement. 7. In respect of the charge ...memo issued after a lapse of six years four months from the date of the incident after retirement of the employee. The Division Bench of this Court in W.A.No.453 of 2021 & batch also considered Rule...Memo vide G.O.Ms.No.46, dated 04.12.2023 (Ex.P1) in W.P.No.33402 of 2023 was also issued to the petitioner. The petitioner did not submit an explanation to either of the charge...

..., the petitioner retired from service on 31.12.2019. The said charge memo dated 30.08.2023 was served after four years of retirement. 7. In respect of the charge ...memo issued after a lapse of six years four months from the date of the incident after retirement of the employee. The Division Bench of this Court in W.A.No.453 of 2021 & batch also considered Rule...Memo vide G.O.Ms.No.46, dated 04.12.2023 (Ex.P1) in W.P.No.33402 of 2023 was also issued to the petitioner. The petitioner did not submit an explanation to either of the charge...

...only after the applications, dated 30.12.2020, 27.08.2021 and 28.08.2021, makes very clear that only to reject the applications of the petitioner, the charge memo has been issued against him. ....The learned Special Government Pleader appearing for the respondents submitted that since the charge memo has been issued against the petitioner on 01.03.2022 for taking leave without permission of... originally, the applications for voluntary retirement have been given on 30.12.2020, 27.08.2021 & 28.08.2021, thereafter, the charge memo...

...side and perusing the records, we find ourselves unable to accept the arguments of the appellants. The fact that the first charge memo was withdrawn, the fact that the second memo of charge was issued ...memo issued was withdrawn on account of :6: technical defects and a fresh memo of charges was issued after curing the defec...action could have been taken on the basis of the first memo of charges which was withdrawn by the Society itself. The second memo admittedly was issued after the retirement of the petitioner. Therefore...

...other benefits were granted. It is stated that the charge memo was issued on the basis of non existing facts, after his retirement. 3. The respondents filed detailed...Tax, i.e., Chief Commissioner of Income Tax and retired from service on 30.06.2009. A charge memo was issued on 21.05.2012, i.e., nearly three years after his retirement. The same reads as under...is being paid the monthly pension. A charge memo dated 21.05.2012 was issued to him, alleging that he submitted fictitious bills as regards the cataract operation, said to have been undergone by him...

...it may, the fact remains that the applicant was served with the charge memo, which fact is acknowledged in the OA and during the course of arguments as well. The applicant responded to the charge memo by submission.... Tushita Ghosh, Learned counsel for the applicant has vehemently argued that the charge memo whereby disciplinary 4 proceedings have been initiated a...28.02.2005. 3. A charge memo dated 13.02.2007 was issued by respondent No.3 for holding an inquiry under Rule 8 of All India Service (Discipline and Appeal) Rules, 1969...

...petitioner made a submission that the impugned charge memo was issued after a lapse of six years from the date of retirement in proceeding, dated 26.02.2013. Thus, the charge memo itself ...to be considered as far as the retired employees are concerned. In the present case, the writ petitioner admittedly retired from the service on 30.09.2007. The impugned charge memo has been issued 26.02.2013 after ...Rule to initiate proceeding after retirement and therefore, the charge memo is to be quashed. 5. The learned counsel appearing on behalf of the respondents made a...

...retired from service on 30.09.2009. 3. The learned counsel for the petitioner made a submission that the impugned charge memo was issued after a lapse of four years from the date o...point to be considered as far as the retired employees are concerned. In the present case, the writ petitioner admittedly retired from the service on 30.09.2009. The impugned charge memo has been issued on 04.05.2013 ...that there is no Rule to initiate proceeding after retirement and therefore, the charge memo is to be quashed. 5. The learned counsel appearing on behalf of the...

...impugned charge memo was issued after a lapse of five years from the date of retirement in proceeding, dated 26.02.2013. Thus, the charge memo itself is liable to be quashed. The learned ...the service on 30.06.2008. The impugned charge memo has been issued on 26.02.2013 after a lapse of 5 years from the retirement. Even in case the Tamilnadu Pension Rule is adopted and it is applicable to...after retirement and therefore, the charge memo is to be quashed. 5. The learned counsel appearing on behalf of the respondents made a submission that the Tamilnadu Pension...