K MURUGAIAH ASSISTANT COMMISSIONER OF EXCISE COMPULSORY RETD KANCHEEPURAM Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE writ petition is directed against the order of the Government in G.O.(2D) No.411, Revenue Ser 2(2) Department dated 30.7.2009, by which in the disciplinary proceedings initiated against the petitioner, the Government passed final order of imposing punishment of compulsory retirement on the petitioner for the proved charges.

(2.) THE petitioner was working as an Assistant Commissioner of Excise at Kancheepuram and his date of superannuation was 31.7.2009. It was, one day before the date of his retirement, the impugned order of punishment came to be passed against him, which was served on him on the date of retirement viz., 31.7.2009.

(3.) IN the counter affidavit filed by the respondents it is stated that while working as Special Tahsildar (ADW), Tenkasi, the petitioner submitted a proposal to the Adi Dravidar Welfare Office, Tirunelveli for the issue of free house site pattas to 63 beneficiaries in Survey Nos. 527/3 and 528/4, Uthumalai village in Veerakaralampudur taluk, based on which free pattas were issued to the said 63 persons on 19.8.1999 and after enquiry it was found that out of 63 persons, 60 were not eligible to get free house site pattas and the District Collector, Tirunelveli cancelled the pattas in respect of those who were found not eligible on 16.8.2004 and in those circumstances, charges were framed against the petitioner under rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules for having not taken effective steps to verify the list prepared by his predecessor, Thiru P.Ananthakrishnan.