K.ARUMUGAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein, while employed as an Agricultural Development Officer, was imputed with a charge memo dtd. 29/9/2008, alleging that he had failed to conduct Farmers Field School Trainings under the Integrated Cereals Development Programme (ICDP) in four villages during the year 2002-2003 and 6 villages in the year 2003-04 and created false records as if the trainings were conducted and thereby misappropriated a sum of Rs.29,265.00 (Rupees Twenty Nine Thousand Two Hundred and Sixty Five only) under the expenses for tea, refreshments and ICDP kits. The enquiry was conducted by one A.Muthukrishnan, who had submitted his enquiry report on 29/5/2013 The further representation of the petitioner was made on 3/2/2015, to raising objections to the enquiry report.

(2.) When there was no progress in the Disciplinary Proceedings, the petitioner herein had approached this Court by filing of writ petition and in an order passed in the writ appeal in W.A.(MD).No.1463 of 2019 dtd. 10/1/2020, the Honourable Division Bench had directed the Disciplinary Authority to conclude the proceedings within a period of two weeks. In consequence to the present order of the Honourable Division Bench, the respondents had sought for the views of the Tamil Nadu Public Service Commission (TNPSC), and based on the recommendations, a punishment of compulsory retirement was imposed on 3/3/2020. This order of punishment is put under challenge in the present writ petition.

(3.) It is stated by the learned counsel for the petitioner that identical charges were framed against ten other Agricultural Officers and similar enquiry was conducted for them also. In the case of J.Murugabharathi, Agricultural Development Officer, similar charges of not having conducted the Farmers Field School Trainings for the year 2002-2003 in four villages and 2003-2004 in six villages was imputed against him by alleging that he had created false records as if the trainings were conducted and thereby misappropriated a sum of Rs.29,265.00 (Rupees Twenty Nine Thousand Two Hundred and Sixty Five only). Based on these charges, J.Murugabharathi was also imposed the punishment of compulsory retirement. When the punishment came to be challenged, this Court in W.P.(MD).No.18206 oaf 2019, by an order dtd. 1/4/2021, had set aside the punishment by holding that the procedure contemplated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules were not followed. Furthermore, it was also held that the order of punishment was a non speaking order without any application of mind. The further points on which the writ petition came to be allowed was that the TNPSC's advise was not served on the delinquent and there was laches in conclusion of Disciplinary Proceedings. The relevant portion of the order reads as follows: