S PALANISAMY Vs. SPECIAL COMMISSIONER OF SOCIAL WELFARE

JUDGEMENT

(1.) These writ petitions are filed by the Petitioner challenging the charge-memo issued against him by the second Respondent/Director of Social Welfare and Nutritious Meal Programme, Chepauk, Chennai-5, dated 10.07.1997, the order passed by the first Respondent dated 26.04.2006 placing the Petitioner under suspension as per Rule 17(b) of the Tamil Nadu Civil Service (Disciplinary and Appeal) Rules on the date of his retirement on the ground that an enquiry into grave charges framed against him and criminal cases are pending and the order of the first Respondent dated 26.04.2006 by not allowing the Petitioner to retire from service under Fundamental Rule 56(1) (c) so as to enable the Petitioner to face the charges respectively.

(2.) The Petitioner, who was originally appointed as a Junior Assistant by direct recruitment on 06.01.1973 and promoted as Assistant and Superintendent on 11.03.1981 and 14.12.1989 respectively. His age of superannuation has fallen on 30.04.2006. As stated above by the impugned order in one of the above said writ petitions, he was not allowed to retire from service by an order dated 26.04.2006 and he was placed under suspension on the same day, which is four days prior to his date of superannuation. The impugned charge memo was issued against him under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules by the second Respondent, calling upon the Petitioner to submit his explanation. The charges were relating to 24 counts, which related to irregularity in the maintenance of accounts, misappropriation of public money etc., The Petitioner is stated to be submitted his detailed, written explanation on 14.11.1997, denying the charges. An Enquiry Officer was appointed by the second Respondent on 05.01.1998. But according to the Petitioner, the Enquiry Officer has not conducted any enquiry. It was in those circumstances, the Petitioner has approached the Tamil Nadu Administrative Tribunal by filing O.A. No. 1082 of 1999, seeking for a direction against the Respondents to complete the enquiry within a time frame. The tribunal while disposing of the Original Application No. 1082 of 1999, by an order dated 11.02.1999, has directed the Respondents to complete the enquiry within a period of two months from the date of receipt of copy of the said order. After giving notice to the Petitioner and pass the appropriate final order stating that the entire proceedings shall be completed within a period of four months in all. The order passed by the Tribunal reads as follows:

(3.) Notice of motion was ordered in these writ petitions on 04.01.2010. The Respondents have not filed counter affidavit in these 11/2 year, however the learned Government Advocate has made his effective submission.