A. KAILASAM Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THE challenge in this writ petition is to the order passed by the respondent herein dated 25.10.2005 confirming the punishment of compulsory retirement inflicted on the petitioner by the Disciplinary Authority. The case of the petitioner is that the petitioner entered the services of the Tamil Government in the Prisons Department with effect from 18.08.1967 as Typist. He was promoted to the post of Assistant in the year 1973 and thereafter to the post of Accountant in the year 1985. He was also promoted to the post of Office Manager in the year 1988 and ultimately, promoted to the post of P.A. to Jail Superintendent with effect from 07.01.1988. The petitioner had rendered unblemished record of service for over 37 years.

(2.) DURING the year 1997, there was some difference of opinion between the petitioner and one Mr.S.Anton Devendran over placement of the Monthly Official Personal Register for checking by higher officials. During the middle of 1998, one Mr.C.Raj Kumar took charge as the new Jail Superintendent. The petitioner was unable to sail with him, administratively in his way of administration of affairs relating to the jail. There were strained feelings between them. On 27.05.1998, the said Mr.S.Anton Devendran physically assaulted the petitioner in a public place. A complaint was given to the Police Station at Karimedu, Madurai for such physical assault. The said incident was also informed to the then Jail Superintendent as per the complaint of the petitioner dated 28.05.1998. No action was taken and no F.I.R was filed on his complaint. The Jail Superintendent has also not taken any departmental action against the said Mr.S.Anton Devendran on the complaint preferred by the petitioner. On the other hand, the Jail Superintendent connived to have an alleged trap case set up against the petitioner at a place and time not at all connected in any manner whatsoever with the official work of the petitioner. The Jail Superintendent, on 07.05.1999, obtained a false complaint from Mr.S.Anton Devendran and caused the same to be given to the Director of Vigilance & Anti -Corruption, Madurai at 02.15 p.m.

(3.) FOR the reasons best known to the higher officials in the Prisons Department, the petitioner was subsequently served with a second suspension order dated 10.05.1999 by the Additional Director General of Prisons and in the second suspension order, the allegation was constituted to the effect of alleging that the petitioner had demanded and accepted a bribe of Rs. 500/ - on 07.05.1999 at 20.00 hours from one Mr.S.Anton Devendran, Junior Assistant of Central Prison, Trichy for taking action to forward the mutual transfer petitions of Mr.S.Anton Devendran, Junior Assistant of Central Prison, Trichy and Mr.P.Rajkumar, Junior Assistant of Central Prison, Madurai to the Office of the Inspector General of Prisons, Chennai with the recommendation of the Superintendent, Central Prison, Madurai. The second suspension order varying and revising the first suspension order was continued without any rhyme or reason. The said factor discloses malafides entertained by the Jail Superintendent and the resultant bias.