DIRECTOR OF AGRICULTURE Vs. P KARUPPANNAN

JUDGEMENT

(1.) Director of Agriculture, Chepauk, Chennai has filed this writ petition, seeking to quash the order of the Tribunal in O.A.No.5573 of 1999 dated 8.11.2001, whereby the charge memo issued against the first respondent was quashed.

(2.) Short facts leading to filing of the writ petition are as follows: Karuppannan, the first respondent herein was working as Agriculture Officer at Navlock Coconut Farm run by the Agriculture Department, Vellore from 24.4.1992 to 28.4.1993. Though he procured 1,27,800 Nos. of seed-nuts, he had distributed only 81,214 Nos. of coconut seedlings. As per the direction, he should have distributed 75% of the seedlings among the total quantity procured. As such, there was a shortfall of 14,636 Nos. of seedlings in distribution. Due to the same, there was loss to the Government. The Director of Agriculture, Chennai issued a charge memo dated 28.7.1999 under Section 17(b) of the Tamil Nadu Civil Service (Disciplinary proceedings and Appeal) Rules with reference to the above allegation. Challenging the same, the first respondent filed O.A.No.5573 of 1999 before the Tribunal. After hearing the counsel for the parties and perusing the records, the Tribunal quashed the charge memo mainly on the ground that there was unexplained delay of five years in initiating proceedings against the first respondent. Assailing the same, the present writ petition has been filed.

(3.) We have heard learned Special Government Pleader for the petitioner and Mr.S.V.Jayaraman, learned Senior Counsel for the first respondent.