K ITHAYAGANTHAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE brief facts of the case necessary to dispose of this writ petition are as under: 1.1. THE writ petitioner has joined as a Junior Assistant on 18.11.1974 and was promoted as Assistant in the year 1982 and further promoted as Superintendent on 15.6.1996 and the next avenue of promotion is to the post of Personal Assistant (Administration). During that time, a charge memo dated 27.5.2005 was framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 (for brevity, "the Rules") and later on it was converted into one under Rule 17(a) of the Rules on 28.6.2005, based on the representation of the petitioner. THE charges framed against the petitioner are as follows:

(2.) IN the counter affidavit filed by the respondents, it is submitted that the petitioner was issued a charge memo on 27.5.2005 under Rule 17(b) of the Rules in respect of the four charges elicited above. The petitioner has submitted his explanation on 14.6.2005 requesting to convert the charges framed under Rule 17(b) of the Rules into that of Rule 17(a) of the Rules. The third respondent has considered his representation and converted the charges into that of Rule 17(a) of the Rules in the proceedings dated 28.6.2005 and the petitioner was asked to submit his explanation within 15 days. The petitioner has submitted his explanation on 11.8.2005. After considering the explanation, the third respondent has taken a lenient view and imposed a punishment of censure in the order dated 29.9.2005.

(3.) RULE 8 of the RULEs contemplates nine types of punishments in a departmental enquiry. RULE 8 of the RULEs is as follows: