STATE OF TAMIL NADU Vs. M. JESCI GNANAM

JUDGEMENT

(1.) THIS review petition is filed against the order dated 25.09.2012 made in W.P.No.13052 of 2012.

(2.) I do not find any merit in the review petition. However, the learned Special Government Pleader has placed heavy reliance on Rule 9 A of the Tamil Nadu Civil Services (D & A) Rules and submitted that the Director of School Education is the competent authority to take action against the respondent/writ petitioner since the respondent/writ petitioner Junior Assistant and the Headmaster were jointly involved in the irregularities.

(3.) THE learned Special Government Pleader has submitted that the Headmaster attained the age of superannuation during the pendency of disciplinary proceedings and he was permitted to retire from service and departmental action was continued under Rule 9(2)(a) of the Tamil Nadu Pension Rules, 1978 by the Government. Hence, the Government is the competent authority to pass order in the case of the respondent/petitioner also. I am not able to agree with the said submission made by the learned Special Government Pleader.