R. MURALI NARASIMHAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner was initially appointed as a Junior Assistant on 24.08.1987. He was promoted as an Assistant in the year 1998. He was dismissed from service on 21.08.2007 pursuant to disciplinary proceedings. At the time of dismissal, he worked at the Office of the Regional Transport Officer, Tirunelveli. While working as a Junior Assistant in the Zuzuvadi check post, disciplinary proceedings were initiated against him as regards an incident on 19.03.1988. The Tribunal for disciplinary proceedings framed the following charge against him:

(2.) I heard the learned counsel for the Petitioner and the learned counsel for the Respondents.

(3.) The learned counsel for the Petitioner submitted that the allegation against the Petitioner was that he aided the Motor Vehicle Inspector to receive a bribe of Rs.10/-. The said Motor Vehicle Inspector died on 06.03.1991 while the disciplinary proceedings were pending. On account of the death of the Motor Vehicle Inspector, the proceedings against him abated. Consequently, his family received the terminal benefits. In spite of this significant intervening event, he submitted that the proceedings against the Petitioner were proceeded with on the basis of the same charge memo. The learned counsel next referred to the order of dismissal and contended that the contention of the Petitioner that there was no evidence as regards the demand of a bribe by the Petitioner was not taken into consideration by the disciplinary authority who proceeded entirely on the basis of the phenolphthalein test. Thus, the Petitioner was unfairly held to be guilty of the charge. More importantly, the Petitioner was dismissed from service and, therefore, he is unable to receive any benefits, including terminal benefits.