[Judgment of the Court was delivered by G.R.SWAMINATHAN,J.] The unsuccessful Writ Petitioner is on appeal challenging the order dated 10.09.2012 made in W.P.(MD).No.9397 of 2010.
2.The writ petitioner, the appellant herein was working as a Sub- Registrar, (Guideline), District Registrar Office, Pattukottai. He was to retire from service on 30.11.2009. Virtually on the eve of his reaching the age of superannuation, he was suspended from service by order, dated 25.11.2009. The said suspension order reads that grave allegation of corruption against the appellant was pending with the Commissioner of Disciplinary proceedings, Thiruchirapalli and therefore, it became necessary, in public interest to place the writ petitioner under suspension. This was followed by an order dated 27.11.2009 retaining the appellant in service until the enquiry into the charges pending against him are concluded or final orders are passed by the competent authority. As a result, he was not permitted to retire from service by proceedings, dated 27.11.2009 was issued by the Inspector General of Registration, Chennai-28. The Tribunal for Disciplinary Proceedings, Thiruchirapalli, framed charges in T.D.P.No.24 of 2009, dated 12.05.2010. All these proceedings came to be the subject matter of consolidated challenge in W.P.(MD).No.9397 of 2010 filed by the appellant herein. The learned Single Judge dismissed the writ petition by order, dated 10.09.2012. Aggrieved by the same, this writ appeal has been filed.
3.Heard, the learned Senior Counsel for the appellant and the learned Additional Government Pleader for the respondents.
4.The entire issue would turn on the sustainability of the charges framed against the appellant. It would be useful to extract verbatim the charge framed against the appellant by the Tribunall for Disciplinary Proceedings, Thiruchirapalli. The charge against the appellant reads as under:
? Charge-I The following charge is framed against you hereinafter referred to as Accused Officer.
You (Accused Officer) Thiru.S.Subramanian, while you were working as Sub Registrar, Madukkur, Thanjavur District demanded / accepted bribe amount ranging from Rs.500/- to Rs.15,000/- from the purchasers/Sellers, for registration of Sale deed documents, and to issue birth and death certificates at Sub Registry, Madukkur, between August 2006 and October 2007.?
5.The learned Senior counsel contended that this charge suffers from the vice of vagueness. This Court is inclined to accept the said submission. A charge will have to be specific. Only then the delinquent can effectively respond to the same. If the charge is vague, it will cause a grievous handicap to the delinquent employee. The charge framed against the writ petitioner reads that he demanded and accepted bribe amount ranging from Rs.500/- to 15,000-/ from purchasers/sellers for registration of sale deed/ document and to issue birth and death certificates between August 2006 and October 2007. The charge is totally bereft of particulars and on this sole ground, it is liable to be quashed.
6.Since the appellant was suspended from service, retained and not allowed to retire only an account of pendency of the proceedings before the Tribunal for Disciplinary Proceedings, in view of quashing of the charge in T.D.P.No.24 of 2009, the said proceedings also will have to go automatically. We set aside the order dated 10.09.2012 made in W.P.(MD).No.9067 of 2010 and allow this writ appeal.
7.The appellant in W.A.(MD).No.1040 of 2012 has also filed W.P.(MD).No.9397 of 2010 for directing the respondents to disburse his service and monetary benefits arising out of G.O.(Ms).No.1 Commercial Tax (H2) Department, dated 04.01.2001. Since we have allowed W.A.(MD).No.1040 of 2012, it is not open to the respondents to withhold the retirement and other service and monetary benefits payable to the writ petitioner. We direct the respondents to compute the entitlement of the writ petitioner in accordance with law and disburse the same speedily and without any delay.
8.The writ appeal is allowed and the writ petition is disposed of as indicated above.
To:
1.The Secretary to Government, State of Tamil Nadu, Department of Registration and Commercial Taxes, Secretariat, Chennai-9.
2.The Inspector General of Registration Chennai-28.
3.The Commissioner, The Tribunal for Disciplinary Proceedings Trichirapalli.
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