DISTRICT COLLECTOR Vs. P RANI AMMAL

JUDGEMENT

(1.) AGGRIEVED by the order of the Tamil Nadu Administrative tribunal, Chennai dated 10. 7. 2002 made in O. A. No. 7303 of 2001, the District Collector , Thiruvallur has filed above Writ Petition. According to the petitioner/district Collector, since there were lot of complaints regarding the maintenance of Old Age Pension, Accident Relief Scheme and Distress Relief Scheme in the Old Age Pension Branch of the Taluk Office at ambattur, Thiruvallur District, a surprise check was made in the Old Age pension Branch in the Taluk Office, Ambattur and it was brought to the notice that none of the registers prescribed for Old Age Pension had been maintained and several other lapses, including misappropriation of money relating to returned Money Orders, were also noticed. The Tashildar, Ambattur submitted a report about the prevailing condition of the Old Age Pension Branch in the taluk Office at Ambattur. The first respondent herein, who was working as assistant in the Old Age Pension Branch during the period from 14. 5. 1997 to 3. 3. 1999, was found responsible for such lapses and hence, disciplinary action under Rule 17 (b) of the Tamil Nadu Civil Services (D & A) Rules was contemplated against her. A charge memo was served on the first respondent by the District revenue Officer, Thiruvallur dated 31. 10. 1999. The first respondent was directed to submit her explanation in pursuance of the aforesaid charge memo. The first respondent offered her explanation on 29. 12. 1999. The Revenue divisional Officer, Ponneri was appointed as the Enquiry Officer to enquire into the charges as laid down under the Tamil Nadu Civil Services (D & A)Rules. The Enquiry Officer submitted a report holding all the charges as proved. The report of the Enquiry Officer was duly communicated to the first respondent on 25. 8. 2000 and she has also acknowledged it. The first respondent, in her letter dated 26. 9. 2000, has stated that the explanation already offered by her may be taken as final and she requested passing of a final order. Subsequently, she was directed to appear for a personal enquiry. The first respondent appeared before the District Collector, Thiruvallur for personal hearing; she admitted her guilt in her letter dated 9. 11. 2000 and requested to exonerate her from the charges. Final orders were passed by the petitioner/district Collector on 30. 9. 2001, downgrading her from the rank of assistant to Junior Assistant for a period of two years. AGGRIEVED by the said order, the first respondent approached the Tamil Nadu Administrative Tribunal in O. A. No. 7303 of 2001 to quash the order of punishment issued against her. The Tribunal, by the impugned order dated 10. 7. 2002, set aside the order of punishment. AGGRIEVED by the order of the Tribunal, the petitioner/district collector has filed the present writ petition.

(2.) HEARD the learned Government Advocate for the petitioner and the learned Senior Counsel for the first respondent.

(3.) IN the light of what is stated above, (a) the order of the Tamil Nadu administrative Tribunal dated 10. 7. 2002 made in O. A. No. 7303 of 2001 is hereby set aside; (b) the order of the District collector, Thiruvallur dated 30. 9. 2001 is hereby confirmed; (c) the District Collector, thiruvallur is hereby directed to give posting orders to the first respondent, viz. P. Raniammal as Assistant with effect from 9. 11. 2003, if she is otherwise qualified, within a period of four weeks from the date of receipt of a copy of this order.