P. VENKATESH KUMAR Vs. SECRETARY TO GOVERNMENT OF TAMIL NADU PUBLIC HEALTH AND FAMILY WELFARE DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the order rejecting the mercy petition filed by him for reappointment as Junior Assistant.

(2.) The learned counsel appearing for the petitioner submitted that on 23.01.1995 the petitioner was appointed as Junior Assistant on compassionate ground at Nagalapuram Primary Health Centre, Thoothukudi District. During the year 1996, he was in charge of distributing salary to the employees. On 31.10.1996, after dropping a sum of Rs.16,246/- from the Treasury, the petitioner kept the same in his house as there was no security available in the Office. But, on the next day, he fell ill suddenly and hence, he handed over the amount to the Office through his mother. While so, to the shock and surprise, he was issued a charge memo and placed under suspension. However, the suspension order was subsequently revoked and he was reinstated. On 11.02.2000, another charge memo was issued alleging that a sum of Rs.8,488/- was misappropriated by him during the period 21.06.1999 to 07.07.1999. However, the petitioner was again reinstated on 26.07.2000 by the 3rd respondent. But, at the time of enquiry, an untoward incident had happened between the petitioner and the Medical Officer, for which a criminal case has been registered in Crime No.37 of 2000 under Sections 294(b), 353 and 506(ii) IPC and then, he was arrested and he was under judicial custody for three days. Though the trial Court has convicted the petitioner under Section 353 IPC and the appellate Court has also confirmed the same, a learned Single Judge of this Court has set aside the said order in the revision and acquitted the petitioner from the said charge by order dated 24.06.2009.

(3.) The learned counsel appearing for the petitioner would further submit that in the meantime, the 3rd respondent issued a charge memo on 11.06.2000 alleging two charges. They are (a) the petitioner has dishonestly retained a sum of Rs.8,228/- due to family reason and (b) the petitioner misbehaved with the Medical Officer of the Primary Health Centre and thereby, violated Rule 20(1) of Tamil Nadu Government Servant Conduct Rules. After enquiry, the 3rd respondent, by the impugned order dated 26.07.2000, dismissed the petitioner from service holding that the petitioner himself admitted before the Enquiry Officer about the first charge and that the second charge is proved. Aggrieved by the same, the petitioner has filed an appeal before the second respondent. The second respondent has dismissed the appeal. Thereafter, the petitioner has filed a Mercy Petition before the first respondent seeking reappointment. But, the first respondent has dismissed the said petition. Challenging the said order, the petitioner is before this Court.