V MANI Vs. DISTRICT COLLECTOR THIRUVANNAMALAI

JUDGEMENT

(1.) THIS writ petition has been filed by the petitioner under Article 226 of the Constitution of India, seeking an order in the nature of writ of certiorari, calling for the records pertaining to order, dated 27.08.2005 bearing Roc.No.5591/2002/PA-33 passed by the respondent herein and quash the same.

(2.) THE petitioner herein was initially appointed as part-time Panchayat clerk at Vandavasi Panchayat Union on 01.10.1980. THE petitioner has stated that at the time of his appointment, the petitioner was a failed candidate in S.S.L.C, since he had gone through all the papers except English. THEn in the year 1980, the petitioner wrote S.S.L.C Examination only for the subject English and secured a pass mark and produced the certificate. Considering the said qualification of passing S.S.L.C., on 07.11.1996, the petitioner was promoted as Junior Assistant / Rural Welfare Officer Gr.II at THEllar Panchayat Union. On 05.06.2002, the District Collector, Tiruvannamalai, the respondent herein issued a charge memo to the petitioner under Rule 17 (b) of Tamil Nadu Civil Services (Discipline & Appeal) Rules, alleging that the petitioner had produced bogus S.S.L.C mark sheets for the examination conducted during March 1980.

(3.) AS per the decision relied on by the petitioner herein, a Division Bench of this Court held that a similarly placed person eligible to the post of Flockman to the next feeder category, by way of reversion. AS per the decision, it is seen that the Flockman (employed in Animal Husbandry Department of the State) was selected and promoted for the post of Veterinary Livestock Inspector, based on the mark-sheet which did not tally with the original mark register was found guilty and was dismissed from service and the order was upheld by the Tamil Nadu Administrative Tribunal. However, the Division Bench held as follows :