M SELVARAJ Vs. DIRECTOR OF MUNICIPAL ADMINISTRATION

JUDGEMENT

(1.) HEARD both sides.

(2.) THESE two writ petitions are filed by one and the same person. In the writ petition in W.P.No.5343 of 2011, the petitioner challenges the show cause notice dated 10.09.2010 issued by the first respondent - Director of Municipal Administration. The petitioner was employed as an Assistant in the third respondent Municipality. He was faced with charges under Rule 8(2) of the Tamil Nadu Municipal Services (Discipline and Appeal) Rules 1970. At the relevant time, the petitioner was working in the Kumbakonam Municipality and the charges were sought to be enquired by an Enquiry Officer, who was the Regional Director of Municipal Administration, Salem. The said officer by his report dated 16.04.2010 found that all the five charges were proved against the petitioner. Instead of issuing notice on the enquiry report, the matter was transmitted to the first respondent and the first respondent by an order dated 10.09.2010 issued a show cause notice to the petitioner to send his further representation within 15 days. It is this show cause notice, which is under challenge.

(3.) IN the first writ petition viz., W.P.No.5343 of 2011, after the receipt of the report from the Regional Director of Municipal Administration, Salem, the first respondent, in paras 1 to 3 of the impugned order, had observed as follows: