N GOKULAKRISHNAN Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) BY consent of the learned counsel on either side, the writ petition itself is taken up for disposal.

(2.) IT is the case of the petitioner that he was appointed as Junior Assistant and posted at Regional Transport Office, Nagapattinam, after selection by Tamil Nadu Public Service Commission on 28. 03. 1995. He had been promoted as Assistant on 31. 12. 1999 and thereafter, he was appointed as accountant at the Office of the Regional Transport Officer, Dharmapuri. While he was working as Assistant in Regional Transport Office, Nagapattinam, one Mathivanan, who was a Mini Bus Operator filed an application to surrender two Mini Bus permits on 12. 10. 2000 due to monetary loss in the transport business. This has been accepted by the District Collector-cum-Regional Transport Authority, nagapattinam, who is the competent authority. Since the Regional Transport officer was on leave from 13. 10. 2000 to 23. 10. 2000, the file could not be sent to the Regional Transport Authority because it had to be counter-signed by the regional Transport Officer, Nagapattinam.

(3.) WHEN such is the situation, the first respondent has issued the impugned proceedings dated 17. 10. 2005 under Rule 17 (c ) (i) (1) of the Tamil Nadu Civil Services (Discipline and appeal) Rules (hereinafter referred to as "the Rules") with a pre-determined motive to remove the petitioner from service and that impugned proceedings is challenged in this writ petition on the following grounds : a. that the impugned proceedings is liable to be set aside on the sole ground that the first respondent has already taken a decision to remove the petitioner from service, which is one of the major punishments under Rule 8 of "the Rules" ; b. that when any major punishment is imposed, the authorities shall state the materials which have been considered by them and they should also state the reasons which influenced them to proceed further ; c. that there must be an opportunity and a Notice to the delinquent about the details of the relevant charges considered by them and upon such Notice, the delinquent should be given an opportunity to submit his explanation only if they state the materials one by one in detail and specifically to enable the delinquent to submit his explanation. d. that the authorities should keep their mind open and they should specifically state the reason for which they seek explanation from the delinquent.