V YOHARAJA Vs. SPECIAL COMMISSIONER/DIRECTOR AND ADDITIONAL DIRECTOR LAND SURVEY AND LAND TAX SCHEME CHENNAI

JUDGEMENT

(1.) THIS writ petition is filed by the petitioner seeking to challenge an order of the first respondent dated 25.5.2007. By the impugned order, the order passed by the second respondent Deputy Director was set aside and he was directed to give appropriate punishment in terms of the misconduct committed by the petitioner after going into records.

(2.) THE writ petition was admitted on 29.8.2007. Pending the writ petition, an interim stay was granted. On notice from this court, the respondents have filed a counter affidavit, dated 15.11.2007. THE petitioner also field an additional typed set containing several documents including the enquiry report.

(3.) INITIALLY, the third respondent sent a letter suggesting his case should be referred to the Vigilance and Anti corruption Department for further investigation. The issue was examined by the Special Commissioner, who in turn sent a report to the Director of Vigilance and Anti Corruption on 13.5.1993. The Director of Vigilance and Anti corruption on receipt of the same, had conducted a detailed enquiry by taking the block period from 1.6.1991 to 31.12.1997. It was found that the petitioner had amassed disproportionate wealth of Rs.3,76,992/- which included movable and immovable properties. A regular criminal case was also directed to be registered under the provisions of Prevention of Corruption Act. The Directorate of Vigilance and Anti Corruption had also recommended suitable disciplinary action against the petitioner for violation of Government Servants Conduct Rules. Accordingly, the State Government had instructed the third respondent to take a disciplinary action. Based on the direction, a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was framed against the petitioner with the following charges :