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HC grants relief to ‘miscreant officer’ with ‘heavy heart’

The judge, observing that serious financial irregularities are said to have been committed by the petitioner, the department ought not to have waited till the eleventh hour to issue the (rejection) order, which gave rise to the present litigation.

By: Express Web Desk | Chennai |
Updated: June 15, 2021 10:09:07 am
Going by relevant rules, the judge allowed Muthusamy's petition and quashed the November 5 rejection order.

The Madras High Court has granted relief to a “miscreant” officer of a temple, who had caused loss to that shrine, with a “heavy heart”.

Justice S Vaidyanathan granted the relief in view of a provision in the rules and castigated the higher authorities, who acted hand in glove with that official.

R Muthusamy, the executive officer grade-I, applied for retirement under the voluntary retirement scheme on August 3, 2020 and as as per rules it should have been accepted or rejected within three months, that is before November 4.

But the plea was rejected only on November 5, 2020.

It was signed by the authority concerned only on November 12 and he was allowed to retire on October 31, 2020.

He filed the present petition to quash the November 5 rejection order and to hold that he retired from service on October 31 and for a direction to settle all retirement benefits.

Going by relevant rules, the judge allowed Muthusamy’s petition and quashed the November 5 rejection order.

The judge, observing that serious financial irregularities are said to have been committed by the petitioner, the department ought not to have waited till the eleventh hour to issue the (rejection) order, which gave rise to the present litigation.

The misappropriation is not at all possible in the absence of helping aid extended by his superior officers, who may be hand in glove with the petitioner for looting the temple properties.

“This court is unable to digest the manner in which the authorities performed their official duties in this case and it is not known as to why they waited till the eleventh hour to pass an order.”

“From their attitude, it can be easily inferred that they want to make the petitioner escape from the clutches of law by throwing sand on everyone’s eye in the garb of passing some order, knowing full well that such an order will not stand in the eye of law and will easily be interfered with by this court,” the judge said, adding that it is open to the authorities to initiate action against the petitioner in accordance with law.

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