Madras High Court
M. Ravichandran vs The Principal Secretary To Government ... on 4 January, 2022
Author: S. Srimathy
Bench: S. Srimathy
W.P(MD) No.18814 of 2014
THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 04.01.2022
CORAM:
THE HONOURABLE MRS.JUSTICE S. SRIMATHY
W.P(MD) No.18814 of 2014
M. Ravichandran :Petitioner
..vs..
1.The Principal Secretary to Government of Tamil Nadu,
Department of Rural Development and Panchayat,
Panagal Building, Saidapet, Chennai -15.
2.The Director of Rural Development and
Panchayat Raj,
Panagal Building,
Saidapet, Chennai -15.
3. The District Collector,
Madurai District,
Madurai,
4.S.P. Rajasekaran : Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of to
issue a Writ of Certiorari to call for the records from the third respondent
in his proceedings in Na.Ka.No.62183/2012/C.t-5, dated 17.10.2014 and
1/11
https://www.mhc.tn.gov.in/judis
W.P(MD) No.18814 of 2014
quash the same.
For Petitioner : Mr. N. Sathish Babu
For Respondents 1 to 3 : Mr.J.K. Jayaselan
Government Advocate (Civil Side)
For 4th respondent : No appearance
ORDER
This Writ Petition has been filed to quash the impugned order passed by the third respondent in his proceedings in Na.Ka.No. 62183/2012/C.t-5, dated 17.10.2014 and quash the same.
2. The petitioner joined as Panchayat Clerk (Part time) on 25.05.1981 and was posted as Cashier at Panchayat Union Office, Chellampatti, Madurai District in the year 1992. After he qualified in all the Departmental Exams he was promoted to the cadre of Assistant in the year 1999 and posted in the Panchayat Union Office, Kottampatti, then promoted as Deputy Block Development Officer on 04.06.2012 and attained superannuation on 31.10.2014. While the petitioner was working 2/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 as Deputy Block Development Officer (Scheme) at Kottampatti Panchayat Union, he was served with charge memo dated 18.09.2012 under Rule 17(b) of Tamil Nadu Civil Service (Discipline and Appeal) Rules. The charge memo contains two charges that while he was working as Deputy Block Development Officer (Noon Meal) at Madurai West Panchayat Union, he has issued notification to fill up the Cook Assistant in the Noon Meal Scheme, wherein the petitioner has given a wrong information that for the post of “Cook Assistant” at Fathima Middle School which is within the jurisdiction of Madurai West Panchayat Union fell vacant and thereby, issued an order of appointment to the individual. The petitioner submitted a reply rebutting all the allegations and had submitted that he was promoted and placed in the post of Deputy Block Development Officer (Noon Meal) at Madurai West Panchayat Union on 04.06.2012, even prior to his transfer the vacant list of Noon Meal was notified on 30.04.2012 vide G.O.Ms.No.72 of 2012 – Social Welfare and Noon Meals Department. In pursuant to the said Government Order, the 3rd respondent vide his proceedings dated 24.05.2012 issued notification stating that the vacancy position is based on the communal roaster, wherein the disputed vacancy of Cook Assistant at Fathima Middle School situated at Arapalaiyam was 3/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 notified. The contention of the petitioner is that the fourth respondent was appointed as Enquiry Officer and he has not conducted any enquiry but submitted an enquiry report. The said enquiry report was not furnished to the petitioner and straight away the third respondent passed the final order on 17.10.2014 by imposing punishment of stoppage of increment for one year with cumulative effect. Aggrieved over the present Writ Petition is filed.
3. The third respondent has filed a detailed counter stating that adequate opportunity was granted to the petitioner and the enquiry was conducted by providing an opportunity. The third respondent has specifically stated in the counter that the petitioner without understanding the basis of the charge No.1, is harping on the fact that he was not working as Block Development Officer when the vacancy position was intimated by way of Notification dated 24.05.2012. Whereas the charges relate to the false and incorrect report submitted by the petitioner to the effect that the said S. Santhi assumed charges as Helper in Fathima School when no vacancy was available and that the enquiry officer has reported that the said S.Santhi has sought for appointment only as a Cook in Vaidhiyanatha 4/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 Iyer Memorial Middle School where there was vacancy for the said position and that the application was tampered and corrected as if the said S. Shanthi sought appointment for the post of Helper at Fathima School and that interpolation was done only at the time of personal interview which was held on 05.07.2012 and the petitioner was the Deputy Block Development Officer at that time and was posted exclusively to monitor the Noon Meal Programme, had failed miserably to furnish the correct report with reference to the actual vacancy and hence, the report submitted by the petitioner as if the said S. Santhi assumed charge as Helper in Fathima Middle School where no vacancy for the post of Helper was available. Therefore, the punishment of stoppage of increment for one year with cumulative effect is legally sustainable.
4. Heard the learned counsel appearing on either side and perused the materials available on record.
5. The petitioner submits that the vacancy position was notified on 30.04.2012 by way of issuance of G.O.Ms.No.72 of 2012 – Social Welfare and Noon Meals Department. When the said G.O was 5/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 issued in the Annexure it has been stated as under:
t.vz; Cuhl;rp gs;spapd; ngah; Gadhspapd; Ve;j Njjp ,d Row;rp mbg;gilapy;
xd;wpak; / vz;zpf;if Kjy; xJf;fPL
fhypaplk;
efuhl;rp; /
khefuhl;rp
13 kJiu ghj;jpkh 250 30.06.2009 kpfTk; Kd;Dhpik
Nkw;F eLepiyg;gs;sp gpw;gLj;jg;gl; ngw;Nwhh;
Mug;ghisak; Nlh; kw;Wk;
(jdpahh;) rPhk
; ugpdh;
But it is not mentioned whether the vacancy is available for how many Assistants. But the entire list states it is only for the post of Assistant in 15 schools were notified. The petitioner relies on the call letter of the District Collector dated 06.2012 for the post of the Assistant in Fathima Middle School, Arapalayam. It is seen the allegation against the petitioner, as per the counter is that the petitioner has tampered and corrected as if the said Santhi sought appointment for the post of “Helper” at Fathima School, but the call letter was sent for “Assistant” at Fathima School. The respondents submitted the petitioner as Block Development Officer was posted exclusively to monitor the Noon Meals Madurai West Panchayat Union, Madurai District.
6. On perusing the records it is seen that the call letter was 6/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 issued for the post of Assistant in Fathima School and the allegation against the petitioner is that the petitioner has tampered and corrected the records tampered and corrected by inserting the “helper” in Fathima School and the Enquiry Officer has stated as under:
“vdNt> jdpahh; jpUkjp. v];;. rhe;jp vd;gth;
tpz;zg;gpj;Js;s gs;spAk;> gjtpAk;
NtWgLtjhYk;> $h;e;jha;Tg; gzpapid
nkj;jdkhf nra;Js;shh; vd;gJ njhpa tUfpd;wJ.
NkYk; jpUkjp. v];. rhe;jp vd;gtUf;F
fhypg;gzpaplk; ,y;yhj ,lj;jpy; epakdk;
cj;juT toq;fg;gl;L xU khj fhy mstpw;F
jtiw khtl;l eph;thfj;jpw;F
njhptpf;fhky; ,Ue;jJ> jtiw kiwg;gjw;F
NkYk; xU jtwhd fUj;JUit mDg;gpaJ>
jpUkjp. v];. rhe;jp tpz;zg;gpj;Js;s V.
itj;aehja;ah; epidT eLepiyg;gs;sp> jj;jNdhp rikayh; gzpaplk; fhypahf ,Ue;Jk; md;dhhpd;
ngahpid ghj;jpkh eLepiyg;gs;sp rikayh;
cjtpahsh; Neh;fhzy; gl;baypy; Nrh;j;jJ>
jdpahpd; Neh;fhzy; kjpg;ngz; jhspy; jpUj;jq;fs; Nkw;nfhz;lJ Nghd;w jtWfis fz;fhzpf;fj;
jtwpaJ tprhuizapy; cWjpgLj;jg;gLfpwJ.
vdNt. ,th; kPjhd Fw;wr;rhl;L 1 ePUgzkhfpwJ.”
7. On perusing the list of vacancy it is seen that in Serial No. 13, the school Fathima Middle School is there and the need for the school is an “Assistant”. But the petitioner has allotted the said Shanthi in “Cook 7/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 Assistant” in Fathima Middle School, wherein there is no vacancy for the post of “Cook Assistant” in Fathima Middle School. There is vacancy for “Cook Assistant” in A. Vaidyanatha Iyer Memorial Middle School, Thathaneri but the petitioner has not posted the said Shanthi in the said School. The other allegation is that to cover up the mistake the petitioner has not posted the said Shanthi in Vaidyanatha Iyer School. The next allegation is that the petitioner has failed to note the corrections in the interview list.
8. On perusal of the charges it is seen that the disciplinary proceeding was initiated for the allegation that the petitioner has issued wrong appointment order to the said Shanthi, where there is vacancy for the post of “Cook Assistant” but the enquiry report says along with the about charge, the petitioner has not issued appointment order to the post of “Cook Assistant” in the A. Vaidyanathan Memorial School. Moreover the enquiry report also states that the petitioner has failed to see the corrections in the interview list, which is not a charge. However the charge of, issued appointment order where there is not vacancy is proved. Since the charge of issuing appointment order where there is not vacancy is 8/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 proved, but the enquiry report further elaborates with some other charges but the same is not stated in the charge memo, this Court is of the considered opinion that the punishment ought to be modified. Therefore, this Court modifies the punishment as stoppage of increment for three months without cumulative effect.
9. Therefore, the Writ Petition is disposed of with the modification of punishment alone. No costs.
04.01.2022 Index:Yes/No Internet:Yes/No trp 9/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 To
1.The Principal Secretary to Government of Tamil Nadu, Department of Rural Development and Panchayat, Panagal Building, Saidapet, Chennai -15.
2.The Director of Rural Development and Panchayat Raj, Panagal Building, Saidapet, Chennai -15.
3. The District Collector, Madurai District, Madurai, 10/11 https://www.mhc.tn.gov.in/judis W.P(MD) No.18814 of 2014 S. SRIMATHY, J., trp W.P(MD) No.18814 of 2014 04.01.2022 11/11 https://www.mhc.tn.gov.in/judis