A. SENTHUR PANDIAN Vs. COMMISSIONER FOR DISCIPLINARY PROCEEDINGS

JUDGEMENT

(1.) In all the writ petitions, as the writ petitioner is one and the same and the issues are interlinked, three matters were taken up together and are being disposed of by this common order.

(2.) The facts which are admitted by the writ petitioner and the respondents in all the three writ petitions are as follows:

(3.) In the meantime, first respondent called for names for promotion to the post of Assistant Inspector General of Registration which is the next promotional post. The petitioner, apprehending that his name may not be included in the panel, had filed a writ petition in W.P.No.31705 of 2022 with a prayer to direct the respondent therein i.e., the Secretary to the Government, Commercial Taxes and Registration Department, to include petitioner's name in the panel for promotion to the post of Assistant Inspector General for the year 2022 to 2023. This Court, by order dtd. 28/11/2022, directed the respondent therein to pass final orders on the petitioner's representation. In the meanwhile, the Directorate of Vigilance and Anti-corruption, after investigation, filed a report in RC130/2019/REGN/CC-II dtd. 29/9/2021 recommending for dropping the three allegation arising out of the Joint Surprise Check held on 31/10/2018. The fourth respondent passed G.O (2D) No.85 dtd. 21/10/2022 dropping the three allegations as not substantiated. The third respondent had issued G.O (2D) No.84 requesting the Commissioner for Disciplinary proceedings Chennai, to conduct an enquiry into the seven allegations against the petitioner and other two accused Humayun (Record Clerk) and Ramamoorthi (Assistant). Thereafter, the petitioner had given a representation dtd. 10/12/2022 to the fourth respondent to withdraw the order in Letter (2D) No.84, Commercial Taxes and Registration (H1) Department, Chennai but there was no response at all from the respondents. Hence, the petitioner filed a writ petition in W.P.No.33814 of 2022 to quash Letter (2D) No.84 dtd. 21/10/2022 issued by the fourth respondent. This Court by order dtd. 20/12/2022, while disposing of the writ petition, directed the first respondent to pass a final order on merits and in accordance with law on the petitioner's representation dtd. 10/12/2022 and till the final order is passed, the Tribunal for Disciplinary Proceedings, Chennai was directed to not to act upon the Government Letter (2D) No.84, Commercial Taxes and Registration (H1) Department.