LAWS(MAD)-2006-6-26

DIRECTOR OF RURAL DEVELOPMENT Vs. A PERIYANAYAGAM

Decided On June 30, 2006
DIRECTOR OF RURAL DEVELOPMENT Appellant
V/S
A.PERIYANAYAGAM Respondents

JUDGEMENT

(1.) THE Director of Rural Development, aggrieved by the order of the Tribunal in O. A. No. 6727 of 1995, dated 23. 4. 2001, has filed the present writ petition.

(2.) FIRST respondent herein is the contesting respondent. The case of first respondent is as follows: first respondent, the applicant before the Tribunal, who was working as a Rural Welfare Officer Grade-II in the Thandarampet Panchayat Union, North Arcot Ambedkar District, (Vellore District), was charged with the offence of accepting a total sum of Rs. 130/- on three occasions between July 1984 and December 1984 from one P. Ramakrishnan of Changam Taluk, promising him to get a loan from the Co-operative Society for purchasing a sheep unit. A charge memo was issued and enquiry was conducted by the Tribunal for disciplinary proceedings and on the basis of the enquiry report, it was found that the charges levelled against the first respondent/applicant are proved and the first respondent was awarded punishment of reduction of time scale of pay to a minimum period of five years by proceedings dated 9. 9. 1995 and this order was challenged by the first respondent before the Tribunal.

(3.) THE second respondent-Tribunal, by the impugned order, came to the conclusion that some evidence was available for the charge. However, it held that the order was passed in violation of principles of natural justice, and therefore, quashed the same. The Tribunal, while considering the case of the first respondent/applicant, held as follows: