P K NATARAJAN Vs. GOVT OF TAMIL NADU

JUDGEMENT

(1.) The writ petitioner has prayed for the issue of a writ of certiorarified mandamus calling for the records of the first respondent in G.O. Ms.367 Housing and Urban Development Department H.B.1(2) Department dated 5.12.96 and that of the Tamil Nadu Housing Board in Board's Office proceedings No. YNB2/38885/85 dated 5.3.96 (2nd respondent) quash the same and, consequently, direct the 2nd respondent not to stop the increment and pay him all the accrued arrears and consequential benefits.

(2.) The writ petition has been pending at the stage of notice of motion since 31.2.1997. The respondents have been served. Respondents 1 and 2 have filed separate counters. With the consent of either side, the writ petition itself is taken up for final disposal. Heard Ms.Rita Chandrasekaran, learned counsel appearing for the petitioner, Ms.V.Velumani, learned Additional Government Pleader appearing for the first respondent and Mr.D.Veerasekaran, learned counsel appearing for the 2nd respondent.

(3.) The writ petitioner is employed as Works Clerk in the Tamil Nadu Housing Board on 23.2.87. The 2nd respondent framed five charges against the petitioner. The petitioner denied the charges and submitted a detailed explanation. Not being satisfied with the explanation, the 2nd respondent appointed an enquiry officer. Pending the enquiry, the petitioner was placed under suspension. The criminal case was also registered at the instance of the 2nd respondent against the petitioner for alleged offence under Sections 468, 471 and 420 IPC. The criminal complaint filed on 16.10.1995 was dropped on 2.9.97. The Accounts Officer of the Board was appointed as the enquiry officer. After enquiry the enquiry officer submitted his report. As seen from the enquiry report, the petitioner has been exonerated of the charges 1, 2, 3 and 5, but found guilty in respect of charge No.4. No further orders have been passed at that stage nor the 2nd respondent proceeded further, but appointed another enquiry officer, namely, Senior Accounts Officer, to enquire once again. The enquiry officer appointed on the second occasion, once again conducted an enquiry and submitted a report, while exonerated the petitioner in entirety.