V RAMESH KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE Appellant / Petitioner has projected this Writ Appeal as against the order of the Learned single Judge dated 26.02.2010 in W.P.No.25665/2006.

(2.) THE Appellant / Petitioner joined as a Typist (appointed through TNPSC) on 28.05.1990. During the year 2001, while he was working in the office of the Director General of Prison, Chennai, he was stated to be of ill-health. On 18.07.2001, he was transferred and posted to the Central Prison at Coimbatore. Therefore, he applied for leave from 15.10.2001 to 05.02.2002 in different short spells,. Thereafter, again from 03.04.2002 to 05.04.2002, he applied for leave. Subsequently, he remained absent from 06.04.2002, without applying for leave. A Charge Memo as per Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, was issued by the Fourth Respondent on 09.05.2002.

(3.) THE main contention raised on behalf of the Appellant / Petitioner before this Court is that, the punishment of Compulsory Retirement from service inflicted upon the Appellant / Petitioner by the Disciplinary Authority, is not proportionate to the charge framed against him.