This writ petition has been filed by a Marine Engineer and Surveyor, who retired from service on 28.2.2003. He was served with a charge memo dated 25.2.2003 on 28.2.2003 (i.e.) on the date of his retirement. Challenging the said proceedings, the present writ petition has been filed.
2. At the time of final hearing of the writ petition, the learned counsel for the respondents produced a copy of the order passed by the Tuticorin Port Trust Administrative Department in Order No.S.20/3/2008-L&DAS, dated 8.7.2009, which reads as follows:-
" Whereas disciplinary action has been initiated against Shri D.A.Joyson Sethuraj, Rtd. Marine Surveyor for his alleged misbehaviour with the then Chairman, Tuticorin Port Trust while he was in service during 2003 and as such the retirement benefits due to him were not given pending disposal of disciplinary action made against him after his retirement 28.2.2003.
Whereas Shri D.A.Joyson Sethuraj, Rtd., Marine Surveyor had filed a writ petition in the Hon'ble High Court of Madras and obtained interim stay for the disciplinary proceedings initiated against him.
Whereas Shri D.A.Joyson Sethuraj has been making frequent requests to grant him pensionary and other benefits due to him and he met Chairman, TPT during Grievance day.
Whereas a committee has been constituted by the Chairman to examine his grievance and in its meeting held on 7.7.2009, scrutinised all relevant documents particularly his two letters dated 20.2.2003 and 30.1.2009 and the committee noted that Shri D.A.Joyson Sethuraj had pleaded for pardon and expressed his regrets which was also reflected in the affidavit which was submitted by him in the Court.
Whereas the committee noted his pleadings on sympathetic grounds, recommended to drop disciplinary proceedings as per the provision contained in the CCS Rules, 1972 and to release the retirement benefits due to him towards full and final settlement.
Whereas considering the recommendation of the committee and all relevant matters pertaining to Shri Joyson's case, Chairman being the competent authority decided to drop disciplinary proceedings. In view of the above, the following benefits due to Shri Joyson Sethuraj, may be paid to him towards full and final settlement and he is also advised to withdraw W.P.M.P.No.41448 of 2003 in W.P.34185 of 2003 filed by him in the Hon'ble High Court of Madras.
3. In view of the same, the learned counsel for the petitioner submits that the writ petition may be closed giving liberty to the petitioner to agitate any claim which has been left in the order dated 8.7.2009 by way of separate proceedings in accordance with law.
4. The learned counsel for the respondents submits that as contained in the order dated 8.7.2009, payment will be made within a period of two weeks from today.
5. Recording the said submissions, giving liberty to the petitioner to agitate any further claim, which has been omitted, in accordance with law, this writ petition stands closed. No costs.
07.8.2009 ra Index: No Internet: Yes To
1.The Board of Trustees, Tuticorin Port Trust, rep.
By the Chairman, Tuticorin Port Trust, Tuticorin.
2. The Chairman, Tuticorin Port Trust, Tuticorin.
R. SUDHAKAR,J., WP No. 34185 of 2003 Date: 07.8.2009