K PERIYASAMY Vs. AGRICULTURAL PRODUCTION COMMISSIONER AND SECRETARY TO GOVERNMENT, AGRICULTURE DEPARTMENT, COMMISSIONER OF HORTICULTURE AND PLANTATION CROPS AND DEPUTY DIRECTOR OF HORTICULTURE

JUDGEMENT

(1.) This Writ Petition is directed against the order of the first Respondent dated 23.03.2006, by which in a disciplinary proceeding initiated against the Petitioner, the first Respondent herein has passed orders imposing punishment of compulsory retirement and also directed to recover a sum of Rs. 5,280/- from his service benefits.

(2.) The case of the Petitioner is that the Petitioner, who is presently working as an Assistant Agricultural Officer at Chennai, while working as a Field Demonstration Officer, State Horticultural Farm, Vallathirakottai, Pudukkottai District, during the year 1989 -1990, in respect of disbursement of certain pesticides to the farmers on a subsidized basis to be used for cashew crop growers, the following four charges were framed against him, which read as follows:

(3.) The above said charges were framed against the Petitioner on 30.07.1998 in respect of the irregularities said to have been committed in the year 1989 - 1990. In addition to the said charges, the statement of allegations, viz., imputation of misconduct, have also been made against the Petitioner, which shows that as a Field Demonstration Officer, he was charged with responsibility and on a reference to seven bills, 22 litres of pesticides have been supplied to seven farmers and a subsidy of Rs. 1,760/- has been utilized. But, the seven persons, who are the beneficiaries, have denied having received such pesticides. The Village Administrative Officer has certified that the seven persons had No. lands in their names. However, in their names, subsidized pesticides were delivered. Again, in respect of 23 farmers, 72 litres of pesticides [Thaisulphan] have been supplied and a subsidy of Rs. 5,760/- has been utilized. But, it was later found that those 23 farmers were non - existing.