A VEERIYA PERUMA Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE appellant joined in the Medical Department on 4. 8. 66. He was issued with a Charge Memo dated 28. 5. 99 containing six charges under rule 17 (b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules. As all the charges were held to be proved in the enquiry, finally, the Government in G.O. (D)No. 1074, Health and Family Welfare (I-1) Department dated 5. 10. 2004 imposed the punishment of Censure on the appellant. He was also issued with another Charge memo dated 14. 12. 99 containing one charge, which was also held to be proved. Finally the Government in G.O . (D)No. 214, Health and Family Welfare (I-1) Department dated 17. 3. 2006 imposed the punishment of Censure. THE appellant was also issued with another Charge Memo dated 30. 6. 99 containing twelve charges. In the enquiry all the charges were held to be proved, as could be seen from the report of the enquiry officer dated 2. 2. 2002. While the matter was pending before the Government, a clarification was sought regarding the retirement of the appellant on medical invalidation. However, the Government refused to retire the appellant from service on the ground that the orders are to be passed in respect of the Charge memo dated 30. 6. 99. Ultimately, by order dated 11. 7. 2006, the appellant was permitted to retire from service on medical invalidation with effect from 22. 2. 2002 A. N. without prejudice to the disciplinary proceedings pending against him with a further direction permitting the appellant to draw provisional pension at the rate of Rs. 3,255/ -.

(2.) WE have heard the learned counsel for the appellant and the learned Government Pleader for the respondent.

(3.) THE right of the appellant to continue in employment shall be considered with reference to his right to livelihood. Article 21 of the Constitution of India reads as follows: "article 21: Protection of life and personal liberty:- No person shall be deprived of his life or personal liberty except according to procedure established by law"