N NANDAGOPALAN Vs. SECRETARY TO GOVERNMENT PERSONNEL AND ADMINISTRATION REFORMS Q DEPARTMENT FORT ST GEORGE CHENNAI

JUDGEMENT

(1.) THE prayer in this writ petition is to quash the punishment of cut in pension of Rs. 200/- per month for 12 months passed by the respondent herein in his G. O. 2 (D) No. 56, Personnel & Administrative Reforms Department, dated 11. 09. 1998 with all consequential monetary and service benefits.

(2.) THE brief facts necessary for the disposal of this writ petition is that the petitioner while working in Rural Development Department, was placed under suspension on 29. 07. 1989 on the ground that an enquiry into grave charge is contemplated. On 23. 01. 1990 in G. O. Ms. No. 43, the Government had reviewed the order of suspension and ordered that the petitioner should be under suspension as an enquiry is still in progress. On 30. 04. 1990, the petitioner submitted a representation to the Government for revocation of suspension. In G. O. Ms. No. 570, Rural Development Department, dated 10. 07. 1990, the suspension was revoked and the petitioner was reverted to Secretariat for being posted as Under Secretary to Government. According to the petitioner, a charge Memo was issued under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, alleging that during the period from 09. 04. 1983 to 19. 07. 1989, there was some irregularity in placing orders with regard to m/s. Alagu Printers, Chidambaram and it is in violation of Panchayat Union rules, Norms and procedures and caused a total loss of Rs. 9 ,54,994 /-to the Government by way of excess payment. On 31. 10. 1991, the petitioner attained the age of superannuation and he is permitted to retire from the service without prejudice to the continuation of the disciplinary action pending against the petitioner. THE petitioner submitted an explanation to the charge memo on 20. 11. 1991 and denied all the allegations. THE petitioner pointed out that he was never in-charge of the establishments of Block development Officers or Divisional Development Officers and the said officers were never under his control and therefore, there was no chance of exercising undue influence over them as alleged in the charge memo.

(3.) THE learned counsel further pointed out that the government in G. O. (D) No. 28 ,rura l Development (E2) Department, dated 09. 02. 2002 ordered as follows : THE Appropriate Authority of Government conducted detailed enquiry into certain allegations against Thiru. M. Nandagopalan, formerly Deputy Director, Office of the Director of Rural Development, Chennai relating to irregularities in placing orders for printing ledgers, booklets etc. , for the office use in Panchayat Unions, the Appropriate Enquiry Authority in its report has pointed out incidentally that departmental action may be taken against 28 officials of Panchayat Development Department whose names have been listed in the Annexure to this order, for having placed orders with m/s. Alagu Printers for supply of forms and registers without observing the usual formalities and thereby violated Article 65 of Manual of Panchayat administration Part-II. 2. THE Government hav e examined the report of Appropriate Enquiry Authority carefully along with the connected records. THE Government have considered that there is no case to proceed against the 28 Panchayat Development Officials referred to in the incidental recommendation of the Director of Vigilance and anti corruption for their failure in observing usual tender formalities in placing order and violation of article 65 of Manual in Panchayat Administration, Part II and decided to drop further action against them. 3. Accordingly, the Government do and hereby drop further action against 28 officials of Panchayat Development Department referred to in the Annexure to this order in respect of the allegation referred to in para 1 above. ANNEXURE Sl. No. Name and Accused Officer and post last held TVL: 1. V. Ramanathan, B. D. O. , Aranthangi 2. N. Lakshmanan, P. A. to Collector, Madurai 3. P. Kanagasabai, JDRD/project Officer, DRDA, tiruchirapalli. 4. PG. Venkatesan, B. D. O. , Vridhachalam 5. P. Sambandam, B. D. O. , South Arcot 6. D. Venugopal, B. D. O. , South Arcot 7. S. Subramanian, B. D. O. , South Arcot 8. P. L. Boopathy, B. D. O. , North Arcot District 9. A. M. Jayaraman, B. D. O. , North Arcot 10. S. Somasundaram, ABDO, Nagapattinam 11. G. Sankaran, B. D. O. , (Retd) Trichy 12. K. V. Krishnasamy, B. c. O. , South Arcot 13. P. Rajan, B. D. O. , South Arcot 14. K. R. Ramachandran, P. A. (PD ), South Arcot 15. M. Selvaraj, B. D. O. , South Arcot 16. M. Rajarathinam, B. D. O. , Kmoaratchi, S. A. District 17. A. Sowrirajulu, B. D. O. , (Retd) Fortnova 18. S. Jayaraman, B. D. O. , (Retd), S. A. District 19. V. Ranganathan, B. D. O. , South Arcot District 20. R. Rajagopal, B. D. O. , (Retd), A. S. District 21. Kannan, B. D. O. , 22. R. Chandrasekaran, P. A (PD), Trichy 23. V. Shanmugasundaram, B. D. O. , N. A. District 24. P. Venkatesan, B. D. O. , Polur, N. A. District 25. Kannan, B. D. O. , Gingee, N. A. District 26. Murugesan, B. D. O. , N. A. A. District 27. K. Srinivasan, B. D. O. , Gummidipoondi, Chengai MGR district. 28. Tmt. T. S. Jeyam, B. D. O. , Poondi, (Retd) Chengai MGR district.