A P KASILINGAM Vs. COMMISSIONER OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) ON abolition of the Tribunal, the Original Application in O.A.No.4313 of 1999 filed before the Tamil Nadu Administrative Tribunal stood transferred to this Court and re-numbered as W.P.No.42364 of 2006.

(2.) THE petitioner joined as Junior Assistant in the Municipal Service in the year 1962 and after his unblemished service, he was promoted as Manager. While he was serving at Kumbakonam Municipality, the first respondent issued a charge memo dated 29.04.1997 levelling certain allegations against the petitioner alleging that the petitioner had failed to ensure whether the amount noted in the challans presented by the public remittance into Municipal Treasury towards deposits for water supply connection have been remitted properly since the petitioner, being a Manager, should check up the same before signing in the triplicate challan as per Article 3 - 7 of the Municipal Manual Volume-II, which he failed to do. It was alleged that the petitioner had colluded with one S.Kumar, Cashier and misappropriated the Municipal funds to the tune of Rs.6,90,480/-. Subsequently, an enquiry was conducted. THE Enquiry Officer, in his enquiry proceedings, found them guilty of the charges and submitted his Enquiry Report. On the basis of the enquiry report, the Disciplinary Authority passed an order of dismissal from service against the petitioner as well as the Cashier.

(3.) ON the other hand, the learned Additional Government Pleader appearing for the respondents submits that while the petitioner was serving as Manager in the office of the Thiruvannamalai Municipality, he should have maintained the records properly and the petitioner should also ensure whether the amount noted in the Challans presented by public for remittance into Municipal Treasury towards deposit for water supply connection and building licence fees were duly entered in the Sheroff Chitta Register against each item of receipt before signing in the triplicate challan as per Article 3-7 Municipal to licence fees. But, the Manager also committed delinquency of duty, as a result, the Cashier has misappropriated a sum of Rs.6,90,480/- and, thereby, caused huge loss to the Municipality. Therefore, the respondents decided to initiate the disciplinary proceedings against the Cashier as well as the petitioner/Manager. Subsequently, the Enquiry Officer found them guilty of the charges and based on the report of the Enquiry Officer, the Disciplinary Authority passed an order of dismissal from service. Though the Cashier having accepted the charges leveled against him came forward and repaid the entire amount of Rs.6,90,480/- in the credit of Thiruvannamalai Municipality, the petitioner having committed serious lapse he was proceeded with and imposed the punishment and shall not be interfered with by this Court and on that basis prayed for dismissal of the petition.