The Chief Executive Officer, Khadi and Village Industries Board vs K. Karuvelam

P. Sathasivam, J.—The above writ appeal is directed against the order of the learned single Judge dated 25.09.2000 made in W.P. No. 10496 of 1992, in and by which the learned Judge, after finding that the impugned proceedings cannot be sustained on the ground of violation of principles of natural justice as well as lack of jurisdiction as per the Tamil Nadu Pension Rules applicable, allowed the writ petition.

The respondent - writ petitioner, though duly served notice from this Court, has not chosen to contest the appeal by engaging a counsel.

We heard the learned Counsel for the appellant.

It is not in dispute that in respect of certain irregularities, which alleged to have taken place during 1980 to 1984, action was sought to be taken in the year 1989, i.e., nearly after four years, that too after the retirement of the petitioner in the year 1985. It is also not in dispute that the writ petitioner was allowed to retire in the year 1985; admittedly, he was neither suspended nor issued any proceedings conveying the intention of the Board that Departmental action will be taken against him for certain events that had taken place during 1980-1984. No doubt, the learned Counsel for the appellant pointed out that on the date of retirement, i.e., on 29.11.1985, the writ petitioner consented for recovery of any amount, which may be found to be due from his pension and death-cum-retirement gratuity.

Merely, because a letter was obtained from him, particularly on the date of his retirement, without any further proceedings based on the Rules applicable to him, we are of the view that the Board is not entitled to proceed or recover the alleged amount from his pension and retirement benefits, that too after four years. All these aspects have been duly considered and accepted by the learned Judge. In the absence of specific provision in the Service Rule applicable to the writ petitioner and of the admitted factual position that no order like suspension or initiation of proceedings were issued prior to his retirement, we are in entire agreement with the conclusion arrived at by the learned Judge. Consequently, the writ appeal fails and the same is dismissed. No costs.