R DHANAPALAN Vs. REVENUE DIVISIONAL OFFICER

JUDGEMENT

(1.) THE petitioner has invoked the writ jurisdiction of this Court to challenge the order dated 11.07.2000 passed by the respondent vide Na.Ka.5778/99(A1) dismissing the petitioner from the post of Village Administrative Officer.

(2.) THE petitioner while working as Village Administrative Officer in Kulamanickam Village, Needamangalam Taluk, Tiruvarur District, was issued a charge memo by the Revenue Divisional Officer, Mannargudi vide order in Na.Ka.No.5778/99(A1) dated 14.03.2000 on six charges.

(3.) THE impugned order is challenged by the petitioner on the ground that the order is contrary to the statutory rules, therefore, cannot be sustained, as no penalty can be imposed against an employee, without holding departmental enquiry and holding the delinquent guilty of charge. Mere non reply to charge memo cannot lead to admission or proof of allegation. It is well settled law, that even in case of no reply to the charge memo, the competent authority still is obliged to hold enquiry to prove the charges, and it is only after the charges are proved, that a major punishment can be imposed on the delinquent.