Madras High Court dismisses plea for being based on surmises


The Madras High Court has dismissed a petition seeking a direction for consideration of the representation made by the petitioner requesting to stop the proceeding to extend retirement benefits to the third respondent, against whom serious allegations were made by the petitioner, saying the petition is based on surmises and conjectures.

The petition, filed by one Palaniyappan, prayed on the ground that if all the retirement dues are given to the private respondent, it would be difficult for the petitioner to recover the amount proportional to the value of the jewels/jewellery given to the private respondent.

“We do not find any substance in the writ petition and otherwise it is based on surmises and conjectures. If an inquiry is conducted against the officer resulting in his exoneration, the allegation becomes frivolous,” observed the Division Bench of Chief Justice Munishwar Nath Bhandari and Justice N. Mala.

Therefore, the Court held that, however, if the charge is found proved, an order would be passed by the disciplinary authority, which has not yet been done.

“Thus, the petition is based on mere apprehension and otherwise, the petitioner cannot seek recovery of any amount said to be payable to him out of the retirement benefits of the third respondent. The writ petition is dismissed,” the order reads.