S. RAVICHANDRAN Vs. PRINCIPAL SECRETARY/COMMISSIONER

JUDGEMENT

(1.) The petitioner in W.P.No.27892 of 2013 S.Ravichandran, Assistant Executive Engineer, the petitioner in W.P.No.27893 of 2013 R.Ramachandran, Assistant Engineer, the petitioner in W.P.No. 27894 of 2013 R.Balasubrahmanian, Assistant Executive Engineer, the petitioner in W.P.No.27895 of 2013 A.Nachan, Assistant Executive Engineer and the petitioner in W.P.No.27896 of 2013 N.Murugavel, Assistant Executive Engineer, who are working in Corporation of Chennai, have filed these writ petitions to quash the charge memos dated 21.12.2012 issued to them.

(2.) The brief facts which are necessary for the disposal of the present writ petitions, are as follows:-

(3.) The respondents have filed a common counter affidavit inter alia stating that charge memos were issued to the petitioners vide G.D.C.No.E1/26750/2012 dated 21.12.2012, for the irregularities noticed in the construction of school buildings, which were constructed before the year 2000. The Government vide G.O (D) No.3, Municipal Administration and Water Supply (ME-4) Department, dated 2.1.2008 had recommended departmental enquiry as against the 17 Engineers in various capacities on the allegations that there are certain irregularities in the construction of the school buildings prior to the year 2000. The said Government Order was received in the office of the Corporation of Chennai only on 28.6.2012. Thereupon charges were framed under major penalty section as against all the delinquents mentioned the said G.O. Hence, there was a delay in initiating the disciplinary action. Charge memos were issued to the petitioners on 29.12.2012 and explanations were received from them. One R.Kumaresan, the then Chief Engineer (General) was appointed as the Enquiry Officer to enquire into the charges framed against the petitioners. However, the said Enquiry Officer retired from service on 31.5.2013 without conducting the enquiry. Now, one T.Anand, I.A.S., Deputy Commissioner (Health) has been appointed as the Enquiry Officer to conduct enquiry in this case. The charge memos are specific in nature as it is clearly stated that there is a boosted measurement with respect to M.S.Grill, M.S.Steel Door and M.S.Grill Gate weights. Thus, they pray for the dismissal of the writ petitions.