K RAJESWARI Vs. SECRETARY TO GOVERNMENT PERSONNEL

JUDGEMENT

(1.) (Prayer :O.A.No.8971 of 2000 has been preferred before the Tamil Nadu Administrative Tribunal and on transfer to this Court renumbered as W.P.No.45974 of 2006 praying for a Writ of Declaration, declaring that the Rule 8 (ix) of Tamil Nadu Ciil Services (Discipline & Appeal) Rules as ultra vires and unconstitutional in so far as it relates to imposition of compulsory penalties i.e. Vi, vii, viii for the violation of Rule 19 of the Tamil Nadu Government Servants Conduct Rules 1973 and call for the records pertaining to the order passed by the 2nd respondent in his proceedings R.Dis.No. 3034/OS/93 dated 31-10-2000 and quash the same and direct the Respondents to reinstate the petitioner with all consequential benefits. The petitioner, who was working as a Store Keeper at the Government Health Department in Konganapuram, Salem District, filed O.A.No.8971 of 2000 before the Tamil Nadu Administrative Tribunal, challenging the validity of rule 8 (ix) of Tamil Nadu Ciil Services (Discipline & Appeal) Rules as well as the order of removal dated 31.10.2000.

(2.) THE Tribunal admitted the Original Application on 08.12.2000. Pending the OA, the Tribunal granted an interim stay for a limited period. Subsequently, the interim stay stood extended without specifying any outer time limit by a further order dated 22.12.2000.

(3.) IN view of the abolition of the Tribunal, the matter stood transferred to this Court and re-numbered as W.P.No.45974 of 2006.