R SUKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is filed to quash the order of the respondent dated 27.5.2005 made in letter No.7473/AH1/2004-12 and to further direct the respondent to exonerate the petitioner from the charges levelled against him in TDP.No.2 of 2003 dated 21-10-2003 with all attendant benefits.

(2.) THE petitioner was while working as Veterinary Assistant Surgeon in Moolakaraipatti during 2003 along with 4 others faced disciplinary proceedings vide TDP No.2 of 2003 for the charges to the effect that the petitioner and four other persons purchased medicines for Rs.6,27,367/- without inviting quotation and related documents in support of three years market standings and without properly preparing the comparative statement for all statements received and ignored the lowest tender without any valid reasons and failed to maintain absolute integrity and devotion to duty and also caused loss to the government. THE departmental proceeding initiated for charge (1) against the petitioner and few others was commenced on 5.12.2003 and was concluded on 15.3.2004 and the Commissioner of Tribunal for disciplinary proceedings submitted the enquiry report on 26.3.2004 on the finding that the petitioner and three others who were arrayed as delinquent officers 2 to 4 were only recommended for purchase of medicines without any connivance with the delinquent officer no.1 and delinquent officer no.1 is responsible for the purchase of medicines in violation of the norms. However, the Government has differed from the findings of the Tribunal for Disciplinary proceedings, Tiruneveli and held that the charge no.1 levelled against the petitioner and few others as partly proved on the ground that the medicines were purchased without inviting quotations and without getting minimum three quotations for each medicine and without insisting for other documents as mentioned in charge No.1. THE petitioner was called upon to submit his explanation for the above decision and the petitioner submitted his explanation that the finding of the Tribunal for Disciplinary Proceedings is correct and valid and further requested the government to accept the finding rendered by the enquiry Tribunal. Till date, the respondent has not passed any final order. Aggrieved against the notice issued by the respondent, the petitioner has come forward with this writ petition for the relief as stated supra.

(3.) I have considered the rival submissions made on either side and perused the materials available on record.