GOVERNMENT OF TAMIL NADU Vs. M RADHAKRISHNAN

JUDGEMENT

(1.) With heavy heart, we are obliged to dismiss these writ petitions while at the same time we wish to give some directions to the State Government for taking appropriate action against the Secretary concerned, who was responsible for having allowed the matter to drift away and thereby enable the first respondent herein to walk away scot-free and reap all his retirement benefits irrespective of the fact that disciplinary proceedings for serious misdemeanor were pending against him.

(2.) The brief facts which are required to be noted are that the first respondent herein who was employed as Deputy Director of Sericulture, Salem District, Salem was proceeded against by way of disciplinary action for certain serious acts of misconduct. In that, he was issued with four charge memos between the years 1986 and 1990. The charges were that he issued certain bogus purchase orders in respect of the purchases of cocoons, unauthorised transfer of money from one account to another, irregularities in disbursement of stipend to the farmer trainees, drawing and spending of monies without proper authorisation, and certain other charges.

(3.) In respect of the said charge memos, it is an undisputed fact that enquiries were ordered and the report of the Enquiry Officer was also sent on 10.1.1994. However, no final orders were passed till the year 2001. When the first respondent moved the State Administrative Tribunal in O.A.No.5356 of 2001 for a direction to finalise the disciplinary proceedings against him, by an order dated 23.8.2001, the Tribunal taking note of the undue delay in passing final orders directed the respondents therein, namely the Secretary, Handlooms, Handicrafts, Textiles and Khadi Department (petitioner herein), as well as the Director of Sericulture, Salem to pass appropriate orders within four months from the date of receipt of copy of the order. Nevertheless, final orders were not passed by the authorities concerned within the time stipulated by the Tribunal.