P PANDARAM PILLAI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Petitioner who was working as District Employment Officer in Kanyakumari District was served with a show cause notice dated 18.08.2009 for an alleged lapse in discharging his functions, viz., omission of four candidates while sending the list for the post of Sanitary Worker, invited by the Dean of Kanyakumari Medical College.

(2.) According to the Petitioner, the incident took place in October, 2007; he has submitted his explanation on 28.08.2009 inter alia stating that three candidates were over-aged i.e. they have completed the upper age limit prescribed by the Dean and the fourth person was not eligible since she has not given her willingness to the post of Sanitary Worker; without considering the explanation, the second Respondent has framed charge against the Petitioner on 16.09.2009 as he was to retire on 30.09.2009 and at the verge of his retirement, the Respondents have placed him under suspension vide the impugned order in G.O.(2D) No. 84, Labour and Employment Department dated 19.09.2009; challenging, the charge memo dated 16.09.2009 and the order of suspension dated 19.09.2009, this writ petition is filed.

(3.) According to the Petitioner, both the charge memo and the suspension order are arbitrary, illegal, vitiated by error of law, apparent on the basis of the records and liable to be quashed.