N CHENNAKESAVALU Vs. COMMISSIONER

JUDGEMENT

(1.) Petitioner prays for a declaration, declaring that the action of the respondent, Commissioner, Salem Corporation in denying the employment to the petitioner with effect from 30.1.1996 as arbitrary and illegal.

(2.) The petitioner claims to have joined service on 19.10.1961 and holding the post of Health Assistant, Tiruchengode Municipality. He was subsequently transferred to the Salem Corporation from 18.10.1994 as Sanitary Inspector. He was presently employed as Sanitary Inspector of the 32nd Division of the respondent Corporation.

(3.) It is further stated that the Inspector of Police Vigilance and Anti Corruption, Coimbatore sent a letter on 10.1.1996 to the respondent corporation stating that the petitioner's presence was required on 18.1.1996 in connection with a vigilance case against the Commissioner of Tirupur Municipality. Though the letter was received by the Commissioner even as early as on 11.1.1996, he gave it to the petitioner only in the evening on 18.1.1996 when the petitioner was expected to appear at 10.00 a.m.at Coimbatore. Therefore he was asked to appear on the next adjournment on 29.1.96 at Coimbatore.By the proceedings dt. 22.1.96 the petitioner was relieved from duty on 25.1.1996 in order to enable him to appear before the Vigilance and Anti Corruption, Coimbatore Office on 29.1.1996. He was also informed that he was allowed to join duty after giving appearance certificate from the Vigilance and Anti Corruption Office, Coimbatore. He was relieved on 25.1.1996 and he appeared before the Vigilance and Anti Corruption Office, Coimbatore on 29.1.1996. He reported to join duty on 30.1.1996 with a letter along with the certificate from the Vigilance and Anti Corruption Office stating that he had attended the enquiry on 29.1.1996.