STATE OF TAMIL NADU Vs. K LAKSHMINARAYANAN

JUDGEMENT

(1.) UNDER the impugned order in O. A. No. 2230 of 2000 (dated 21. 1. 2002), the Tamil Nadu Administrative Tribunal Chennai has quashed Charge memo dated 11. 9. 1989 ending with the Inquiry Report dated 16. 3. 1995. In the same order, while disposing of the O. A. No. 2227 of 2000, further direction was given to the Writ Petitioner viz. , the State of Tamil Nadu and its authorities to consider the case of the first respondent for promotion as Assistant executive Engineer from the date on which his Junior was promoted.

(2.) THE Writ Petition filed by the State of Tamil Nadu arises on the following facts and alleged misconduct by the first respondent:- As an Assistant Engineer, PWD, the first respondent was incharge of Section I of Adayar Special Sub Division, Adayar, the work of construction of the masonry protective wall on Adayar bank from LS 3435m to 3755 M (Reach No. 1) was executed under his direct supervision. THE said work had been entrusted to Three Star Constructions, Chennai. THE first respondent being the field officer was directly responsible for allowing execution and supervision of the work, as per specifications as well as in charge of the stores viz. , cement and other required materials stored for the said work.

(3.) ON the basis of the observation of the Tribunal in t. A. Nos. 175/91 and O. A. No. 1148/91, it was brought to the notice by P & AR department that the charges framed by certain Heads of Departments against state Service Officers are out of jurisdiction and concerned appointing authorities alone are competent to frame charges against the Government servants.