R J AMBIRAJAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THE writ petition is filed by the petitioner seeking to challenge the order of the second respondent dated 20.01.2009 confirming the order of the third respondent dated 07.11.2007.

(3.) IN the meanwhile, the petitioner was given a show cause notice dated 16.10.2007 purporting to be under Rule 17(c) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. IN the show cause notice, it was informed that the respondents are proposing to impose the penalty in terms of Rule 8 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules on the conduct that led to his conviction in the Criminal Court. Therefore, an opportunity was given to the petitioner to give his reply on the penalty proposed. The petitioner sent his reply dated 29.10.2007 stating that since the matter is pending in Crl.A.No.931 of 2007 it is sub-judice and therefore, he was unable to give a reply. On receipt of the letter sent by the petitioner, the third respondent passed an order dated 07.11.2007 and dismissed the petitioner from service with immediate effect. At the time of passing the dismissal order, the third respondent was one R.S.Mani, who was the Assistant Director of Survey and Land Records, Chennai.