K KANJI Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court under Article 226 of the Constitution of India with a prayer for issuance of a writ of Certiorari quashing the charge memo No.74749/A3/2004 dated 22.09.2004 passed by the third respondent and also the consequential order issued vide letter No.93835/Tr.II/2006-12 dated 17.05.2007 passed by the first respondent. THE petitioner also prays for a writ of prohibition restraining the respondents from proceeding with the enquiry in pursuant to aforesaid charge memo.

(2.) THE case set up by the petitioner in the writ petition is that he was appointed as Motor Vehicle Inspector Grade II on 18.04.1988 and posted in the office of the Regional Transport Officer, Tirunelveli. THE petitioner thereafter promoted as Motor Vehicle Inspector, Grade I and posted in the office of Regional Transport Office, Tuticorin. On 11.03.2005, he was transferred to Regional Transport Office from Srirangam to Trichy and thereafter, to the office of the Joint Transport Commissioner. THE next channel of promotion of the petitioner is to the post of Regional Transport Officer.

(3.) THE reason for quashing the proceedings by the hon'ble Supreme Court that enquiry was initiated after nine years of incident, whereas in the case of the petitioner, it was only after three years. It is not the case of the petitioner that he was prejudiced on account of delay in holding enquiry, rather positive stand taken by the petitioner is that he has been exonerated from the charges, which shows that no prejudice was caused to the petitioner in conduct of enquiry. THE judgment of Honourable Supreme Court therefore is not remotely applicable to the facts of this case.