S DURAIMANICKAM Vs. SECRETARY TO GOVERNMENT AND ORS

JUDGEMENT

(1.) In this writ petition, the petitioner seeks for issuance of writ of Certiorarified Mandamus to quash the order passed by the second respondent dated 24.05.2008 imposing a punishment to the lower rank and pay reduction and the consequential order passed by the first respondent/Appellate Authority in G.O.(3D).No.61, Home (Tr.II-A) Department dated 30.10.2009 and to direct the respondents to grant him pensionary and retirement benefits as Assistant with effect from 31.05.2008.

(2.) The petitioner joined the service of the second respondent Department as Typist on 23.06.1980 and was promoted as Assistant on 27.09.1997 and was due for promotion as Superintendent in the year 2007. The petitioner attained the age of superannuation on 31.05.2008. While so, during the year 2003, a charge-memo was issued to the petitioner containing two charges; that during the period 16.03.2000 to 28.02.2002, while the petitioner was working as Assistant in the Regional Transport Office, Trichy, the fees and tax collected after office hours was unauthorisedly entered as '0' (zero fees) and were kept out of the account books. In Charge No.2, it was alleged that the petitioner had misappropriated to the tune of Rs.2715/- by tampering of entries in the computer.

(3.) It is not in dispute that along with the petitioner, several others were issued charge memo relating to the same incident. Parallely, Trichy City Police Crime Branch also investigated and all the records were seized and taken by them. The petitioner submitted his explanation to the charge-memo and an Enquiry Officer was appointed to enquire into the charges. The Enquiry Officer submitted his findings on 17.06.2007. In the findings, the Enquiry Officer has stated that due to lack of training in computer, the petitioner has made wrong entries out of ignorance. With the said finding, the Enquiry Officer has held that Charge No.1 is not proved.