N PERIASAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner has invoked the jurisdiction of this Court with a prayer for issuance of writ in the nature of certiorari for quashing the order vide which the second respondent ordered de - nova enquiry vide letter Ref.No.25315/Pers.IR.3/2005 dated 28.5.2009 and also the consequential order of suspension passed by the second respondent dated 28.5.2009. THE prayer is also for issuance of a writ in the nature of mandamus directing the respondents to settle all the terminal benefits of the petitioner, such as Gratuity, Leave wages etc along with interest.

(2.) THE petitioner's case is that the impugned order is arbitrary, illegal and passed in violation of principles of natural justice.

(3.) THE petitioner submitted a detailed explanation dated 12.05.2006 denying the charges. Not satisfied with the explanation submitted by the petitioner, the third respondent appointed an enquiry officer to look into the charges vide letter dated 25.8.2006. THE enquiry officer started enquiry on 10.10.2006 which continued till 20.01.2007. It is pleaded in the affidavit to writ petition that the petitioner has reasonable grounds to believe that the third respondent dropped the proceedings, as no action was taken on the report of enquiry officer for two years of submission of enquiry report. ( This fact is disputed by the respondents wherein a specific stand has been taken that the petitioner was guilty of the charges levelled against him).