S. PREMA Vs. TRIBUNAL FOR DISCIPLINARY PROCEEDINGS, COIMBATORE

JUDGEMENT

(1.) The prayer sought for in the Writ Petition is to call for the records of the respondents in connection with the impugned order passed by 1st respondent in TDP DE 17/2008 dt 29.5.09 and by the 2nd respondent in Na. Ka. No. N1/5697RD/2008 dt 22.9.10 and 2nd respondent in Na. Ka. No. N1/5697RD/ 2008 dt 25.3.2013 and quash the same and direct the respondents to reinstate the petitioner into service and grant him all consequential service and monetary benefits.

(2.) Brief facts leading to the writ petition is that the writ petitioner was appointed as Noon Meal Organiser in the Panchayat Union Elementary School, Salem Panchayat Union, Salem on 08.05.1988. The petitioner has put in more than 22 years of service. While serving as Noon Meal Organiser, charges were framed against the petitioner and the Block Development Officer, Salem Panchayat Union as per report of the V & AC Department, for the allegation that the writ petitioner had collected a sum of Rs. 200/- from the other Noon Meal Organisers on the instructions of the BDO, while disburising the VI Pay Commission arrears as illegal gratification. After enquiry, the charges against the petitioner and the co- delinquent have been proved. Finally the Government in its proceedings dated 27.07.2010 recommended to remove the petitioner from service and communicated the same to the District Collector, who in turn issued order dated 22.09.2010, removing the petitioner from service in Ref.No. N1/5697RD/2008. Against the said order, the petitioner has preferred the appeal before the 3rd respondent. But the said appeal was rejected by the 2nd respondent, who is not a appellate authority as per directions of the 3rd respondent, which contains no valid reasons, except stating that there is no fresh points for consideration, which according to the petitioner is a non- speaking order. Challenging the same, the present writ petition is filed.

(3.) Heard the learned Senior Counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents and perused the documents available on record.