R KRISHNAMOORTHY Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner was working as Assistant Agricultural Officer at Horticulture Farm, Katteri in Coonoor. He was issued with the charge sheet dated 14.03.1995 under Rule 17 (b) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules making two allegations. VERNACULAR (TAMIL) PORTION DELETED The crux of the charges was that there were some irregularities in maintaining the Nominal Muster Roll. According to the petitioner, he has no power to make any entries in the Nominal Muster Roll , as he is not the pay disbursing authority to the labourers. The power of maintaining Nominal Muster Roll and payment to the labourers are with the Horticulture Officer. The petitioner is nowhere connected with the alleged charges.

(2.) Thereafter, enquiry was conducted. The Enquiry Officer found that the charges were not established. The Enquiry Officer held that the Assistant Agriculture Officer is not responsible for maintaining the Nominal Muster Roll and it is the duty of the Horticulture Officer, who is responsible for maintaining the Nominal Muster Roll.

(3.) The Government issued a notice dated 26.06.1998 stating that the respondent came to the conclusion that the wages were not paid to the proper persons, though the Enquiry Officer held that the charges were held as not proved. The petitioner was directed to give explanation on such a finding arrived at by the respondent. He gave explanation dated 25.09.1998, reiterating the stand that the charges were not established and that there is no evidence that the wages were not disbursed to proper persons.