K MARIAPPAN Vs. REGISTRAR OF CO-OPERATIVE SOCIETIES

JUDGEMENT

(1.) THIS writ petition has been filed as against the order passed in O.A.No.710 of 1993 dated 11.4.2000. The facts leading to this writ petition are that the petitioner was appointed as a temporary Junior Inspector with effect from 16.12.1985. Subsequently in the year 1988, the Government has issued G.O.Ms.No.271 dated 10.11.1988 proposing to regularise all the temporary Junior Inspectors of Co-operative Department by conducting a special qualifying examination through the Tamilnadu Public Service Commission. Since the petitioner has also one of the candidate, who came within the conditions prescribed in G.O.Ms.No.271, he too applied for the said post, but the petitioner's results have been withheld. As against this, the petitioner has filed an original application No.710 of 1993 and by an order dated 11.4.2000, the Tamilnadu Administrative Tribunal dismissed the above original application. As against this, the petitioner has filed the above writ petition.

(2.) ACCORDING to the learned counsel for the petitioner the petitioner's answer sheets have been withheld by the Tamilnadu Public Service Commission basing on the charges levelled against him by a proceeding dated 22.7.1987 and also by another charge memo. As far as charge memo dated 22.7.1987 is concerned, by an order dated 28.3.1998, the petitioner has been relieved of the charges by administering only a warning. As far as other charges are concerned, punishment of stoppage of increment for a period of three months was imposed. ACCORDING to the learned counsel for the petitioner, the above said charges were framed under Rule 17 (a) of CCA Rules of the Tamilnadu Government. ACCORDING to the learned counsel for the petitioner, as on the last date for receipt of the application, the petitioner was not undergoing any punishment and not even a charge memo has been issued on him, as such, withholding of the petitioner's answer sheets only basing on the report submitted by the Registrar of Co-operative Societies to the effect that the petitioner's character and conduct are not satisfactory is illegal and arbitrary. Apart from this, according to the learned counsel for the petitioner, actually special process has been commenced basing on the orders issued under G.O.Ms.No.271 dated 10.11.1988 and as per this Government Order, the required qualifications are only educational qualification as well as age qualification. Since the petitioner has complied with these two requirements, according to the learned counsel for the petitioner, the petitioner's paper could not have been withheld by the Tamilnadu Public Service Commission. That apart, though the Registrar has submitted an adverse report with regard to his character and conduct, subsequently, the Registrar himself submitted a report dated 14.3.1990 to the effect that the petitioner's character and conduct is satisfactory. Basing on the earlier report, papers have been withheld by the Tamilnadu Public Service Commission. ACCORDING to the learned counsel for the petitioner, withholding of the answer sheets and withholding of the results are prima facie illegal and arbitrary and the learned counsel for the petitioner prayed for issuance of a direction directing the respondents to value the answer sheet of the petitioner and to provide an appointment to him.