R RAVANAN Vs. SUPERINTENDENT CENTRAL PRISON TIRUCHIRAPALLI DISTRICT

JUDGEMENT

(1.) THE petitioner was working as Grade"II Warder at the Central Prison, Trichy. On 31.07.1999 at about 05.30 p.m., the Head Warder Mr.Gurudev Singh directed him to get the keys of the 5th Block at the outer gate from the another Chief Head Warder Mr.Sekar. Mr.Gurudev Singh also gave his bicycle. Accordingly, he went to the outer gate and took 3 keys bearing Nos.533, 59 and 356 from Mr.Sekar, after signing the key register. While he proceeded towards the inner gate, the then Additional Superintendent of Central Prison came there along with some other persons. On seeing the Additional Superintendent of Central Prison, he got down from the bicycle. While he got down, the keys fell on the ground. He thought of picking up the keys after the Additional Superintendent crossed him. But the then Additional Superintendent took the keys and the petitioner followed him. THE then Additional Superintendent went into the office of the Jailor. When he came back, he informed the petitioner that the keys were handed over to the Jailor. But the said incident resulted in the issuance of the charge memo dated 01.12.1999 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

(2.) THE crux of the charge was that the petitioner was negligent in missing the keys belonging to the 5th Block. An enquiry was ordered. Another Additional Superintendent, who replaced the then Additional Superintendent, was the Enquiry Officer. He conducted an enquiry. In the enquiry, the Chief Head Warder Mr.Sekar, who was at the gate on the particular day as well as the Jailor, were examined as departmental witnesses. THE petitioner gave his explanation on the above lines. THE Enquiry Officer submitted his findings dated 23.03.2000 holding that the charge was established. THE respondent issued a letter dated 25.03.2000 enclosing the findings of the Enquiry Officer dated 23.03.2000 and directed the petitioner to submit his remarks thereon. THE petitioner gave his remarks on 27.04.2000.

(3.) WHILE Admitting the Original Application on 17.07.2000, the Tribunal granted interim stay and the petitioner continues in service.