S.DAVID THIRUGNANAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The charges against both the petitioners herein are that they are alleged to have recommended / approved for sub-division of the Government Poramboke lands in Survey No.654 into Survey Nos.654/1 and 654/2, with a dishonest intention to favour private individuals, by misusing their official position. While the petitioner in W.P.(MD).No.27144 of 2019 was serving as a Senior Draughtsman, as per the statement of the substance of the allegations made in the charge memo, dtd. 28/6/2019, the petitioner in W.P.(MD).No.6390 of 2021 was serving as a Tahsildar at the relevant point of time, against whom charges have been levelled under charge memo, dtd. 24/2/2021. Both the charges have been framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Since the incident giving rise to the allegations in these charge memos, as well as the grounds raised in both the Writ Petitions, are one and the same, both the Writ Petitions are disposed of through a common order.

(2.) Similar charges were also levelled against eight other revenue officials. While one of the officials namely Thiru.P.Thangaraj, Maintenance Surveyor, was permitted to retire on 31/7/2011 and no charges were levelled against him, another co-delinquent, namely, Thiru.Sivagnanam, Village Administrative Officer, was proceeded with a separate enquiry for similar set of charges under a charge memo, dtd. 29/5/2015. The incidents giving rise to framing of the charges against Thiru.Sivagnanam and the petitioners herein, are one and the same. The enquiry officer had held all the charges against Thiru.Sivagnanam as "not proved", through his report, dtd. 17/5/2017. In consequence to this report, the disciplinary authority, through his order, dtd. 11/6/2017, had accepted the findings of the enquiry officer and dropped all further proceedings in the domestic enquiry.

(3.) The common grounds of challenge raised by the learned counsels for the petitioners, are as follows: