LAWS(MAD)-2012-2-558

K. DEIVENDRAN Vs. DISTRICT COLLECTOR, DINDIGUL DISTRICT

Decided On February 29, 2012
K. Deivendran Appellant
V/S
DISTRICT COLLECTOR, DINDIGUL DISTRICT Respondents

JUDGEMENT

(1.) THE petitioner in this writ petition has challenged the charge memo, dated 19.02.2011 issued by the respondent herein.

(2.) THE case of the petitioner is that he was appointed as Junior Assistant on 10.10.1984 at the Office of the Special Tahsildar (Adi-Dravidar Welfare), Usialmpatti, Madurai District. The petitioner's name was included in the approved list of Assistants in the year 1989, approved list of Deputy Tahsildars in the year 1997 and in the approved list of Tahsildars in the year 2006. Now, the petitioner is serving as Huzur Sarishtadar (General) at the Office of the District Collector, Dindigul. It is stated by the petitioner that while he was working as Deputy Tahsildar at the Office of the Assistant Commissioner (Land Reforms), Madurai during the year 2002, he had recommended for grant of assignment of land for an extent of 18.50 acres to seven persons, based on the reports of the Village Administrative Officer and the Special Revenue Inspector, who were the ground level officers at that point of time. The petitioner was only an intermediary official between the ground level officers and the Assistant Commissioner (Land Reforms), to whom such recommendation was made by the petitioner for grant of assignment of land. While that being the fact, after a period of nearly nine years, the present charge memo, impugned in this writ petition, has been framed by the respondent on 19.02.2011. The petitioner had challenged the said charge memo on various grounds including on the ground of undue and unexplained delay in issuing the charge memo.

(3.) IT is stated by the respondent that the petitioner while he was working as Special Deputy Tahsidar (Land Reforms), Madurai along with his subordinates, namely, Village Administrative Officer and Revenue Inspector had committed irregularities in the assignment of land in Mayilamdumparai Village, Andipatti Taluk, to an extent of 18.50 acres of lands to seven persons by violating the norms during the period commencing from August 2002 to November 2002. Consequently, the Government of Tamil Nadu issued G.O.(2D)No.642, Revenue, ser.3(1) Department dated 23.12.2009 and ordered to initiate disciplinary action against the petitioner and others. Accordingly, charges have been framed under Rule 17(b) of Tamil Nadu Civil Service (Discipline and Appeal) Rules through the impugned proceedings dated 19.02.2011. The petitioner has also submitted his explanation on 10.03.2011 and now the charges are pending for enquiry.