B.BALACHANDRAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner in this writ petition, who was formerly working as the Municipal Commissioner, Pollachi, and presently Commissioner of Trichy Corporation, challenges not only the notice asking his explanation on the enquiry, vide notice dated 5.12.2011, but also the earlier charge memo framed under Rule 17(b) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules, dated 30.7.2007. When the writ petition came up on 6.6.2012, this Court, while ordering notice of motion, granted interim injunction for a limited period. The interim order came to be extended from time to time.

(2.) It is seen from the records that the petitioner was issued with a charge memo under Rule 17(b) of the Act for the commission of offences committed by him, while he was functioning as Municipal Commissioner, Pollachi. The charges, as seen from the records are based upon the materials collected by the Vigilance Department and it is found that while in the discharge of his duty, the property taxes levied by the petitioner were very low in respect of vacant site and buildings in the municipal area and the petitioner had a pecuniary gain in fixing a low property tax, thereby causing a recurring loss to the municipality. The details of the statement of property tax fixed by him and the Revenue loss caused to the municipality are set out in the annexures to the charge memo.

(3.) The enquiry officer, after examining the witnesses, gave a prima facie opinion that the petitioner has fixed the property tax improperly and created a recurring loss of 71,850/- per year to the Pollachi Municipality since the year 2001-02. The charge memo contains the list of witness in annexure-3 and the list of documents to be relied upon in the enquiry, in annexure-IV.