DISTRICT COLLECTOR, DHARMAPURI Vs. T.V. KASTURI

JUDGEMENT

(1.) Heard Mr. R. Rajeswaran, learned Special Government Pleader appearing for the appellant/petitioner and Mr. S. Vijayakumar, learned counsel for the respondent. The writ appeal is filed against the order passed by the learned Single Judge in W.P. No. 29425 of 2007, in and by which, the learned Single Judge quashed the charge memo. on the ground of delay. Aggrieved over the said order, the appellant/respondent has preferred the present writ appeal, seeking to quash the same.

(2.) The respondent/petitioner had filed a writ petition, questioning the charge memo. issued by the respondent/appellant herein dated 07.08.2007 vide Na.Ka.No. 28402/2005(A3).

(3.) The case of the respondent/petitioner in the writ petition is that she joined as an Assistant in the office of the District Collector, Dharmapuri/respondent in the writ petition in the year 1980 and discharged her duties for nearly 27 years. Due to certain family circumstances, she married one Mr. Chinnasamy, her maternal uncle on 11.06.1985, for the reason that wife of Chinnasamy, by name Kannagi had undergone a surgery for cancer, as a result of which, the petitioner was forced to many the said Chinnasamy in order to take care of Kannagi and her child. Having applied to the competent authority on 04.03.1985 much prior to the date of marriage, by invoking Rule 19(1) of Tamil Nadu Government Servants Conduct Rules, 1973 (in short "Conduct Rules"), the petitioner married the said Chinnasamy on 11.06.1985, as no orders were passed till now on her representation. While so, after a lapse of 22 years, a charge memo. came to be issued, alleging that she got married in the year 1985 to one Chinnasamy, inspite of her knowledge that the said Chinnasamy had a spouse living, which is violative of Conduct Rules, which necessitated the petitioner to approach by way of filing writ petition, seeking to quash the charge memo.