A SELVARAJ Vs. COMMISSIONER AND DIRECTOR ADIDRAVIDAR WELFARE

JUDGEMENT

(1.) THE petitioner was appointed as a Cook by the second respondent in the Adidravidar Welfare Hostel in August 1990. Later he was promoted as Office Assistant. While so, he was issued with a charge memo dated 27.03.1998 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Four charges were framed against the petitioner which are as follows:

(2.) THE Special Tahsildar (Adi-dravidar Welfare), Coimbatore was appointed as an Enquiry Officer. He submitted a report dated 06.12.1998 wherein he has held that the second and third charges were not proved. He did not give any finding regarding the fourth charge, however, in respect of the first charge, he has held that there was possibility of the petitioner asking the students to do the domestic work. THE enquiry report was furnished to the petitioner on 3.5.2001 after three years and he was asked to give his comments thereafter. He gave his comments on 8.5.2001. Subsequently, the impugned order was passed by the second respondent on 12.6.2001 demoting the petitioner from Office Assistant to Cook without giving an opportunity to the petitioner. THE petitioner filed a writ petition in W.P.No.4422 of 2007 to quash the impugned order of the second respondent dated 12.06.2001. THE respondent filed a counter affidavit refuting the allegation.

(3.) I have considered the submissions made on either side.