GOVERNMENT OF TAMIL NADU Vs. R.SWAMINATHAN

JUDGEMENT

(1.) Aggrieved by the order dated 21.9.2011 made in W.P.No.4776 of 2007, in and by which the punishment of dismissal from service imposed on the respondent herein, was modified into one that of withholding the increment for a period of six months without cumulative effect, the Government is on appeal.

(2.) From the materials as disclosed, it appears, that when the respondent was working as an Assistant in Kilpauk Medical College Hostel, Chennai, the second appellant issued a charge memo framing three charges that (i)he failed to maintain proper accounts for hostel collections; (ii)failed to remit the collected amounts into the bank during 2.1.1995 to 7.6.1995 and thus he was responsible for the misappropriation of Rs.1,98,482.00; (iii)that he failed to submit day-to-day accounts for the collections and remittance to the Warden and that he violated Rule 20 of the Government Servants Conduct Rules. The respondent denied the charges and opted for an enquiry.

(3.) The enquiry officer held that all the charges were proved and submitted a report. The second appellant accepted the said findings and issued an order dated 15.9.2004, imposing the punishment of dismissal from service as against the respondent. The respondent preferred an appeal to the first appellant and the same was rejected on 7.12.2006 confirming the order of the second appellant.