V.SARAVANAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) WHETHER a noting made by a Government employee in the official file indicating his opinion can be the basis for initiating disciplinary proceedings against him, is the core issue that arises for consideration in the present writ petition.

(2.) THE petitioner was functioning as Sub Inspector of Survey attached to the Taluk Office of Mylapore-Triplicane Taluk. While so, he was placed under suspension on 19 August 2005 pending initiation of disciplinary proceedings. This was followed by a charge memo dated 15 March 2006 issued by the Secretary to Government containing as many as two charges. The first charge alleged that the petitioner has put up a misleading note by calling for records from the Tamil Nadu Housing Board to ascertain as to whether the land was actually acquired by the Board, which according to the department was mischievous and highhanded, in view of the fact that the land has already been acquired for the Board. The second charge relates to issuance of patta on account of the said note.

(3.) THE Deputy Secretary to Government, Revenue Department filed a detailed counter affidavit justifying the initiation of disciplinary proceedings against the petitioner. According to the first respondent, the land in question has already been acquired by the Government for Tamil Nadu Housing Board. Therefore, the petitioner should have made a specific noting that the property belongs to the Tamil Nadu Housing Board. Since the petitioner raised an unnecessary query, it resulted in issuing patta in favour of certain private individuals. The first respondent maintained that the petitioner has made a misleading note and that was the cause for granting patta.