V ASOKAN Vs. DISTRICT COLLECTOR MADURAI DISTRICT

JUDGEMENT

(1.) THE prayer in this writ petition is to quash the order of termination passed against the petitioner on 01. 06. 2003 by the 3rd respondent.

(2.) THE reason stated for passing the order of termination is that the petitioner is involved in a criminal case in Crime No. 82/2003 on the file of the Usilampatti Town Police Station. In the said criminal case, the petitioner is accused No. 3. According to the learned counsel for the petitioner, the criminal case is yet to be over and no final order is passed. The 3rd respondent based on the petitioners involvement in the criminal case, issued a show cause notice and after getting his explanation, straight away passed the order of termination without conducting any enquiry and not even framing charge memo for initiating disciplinary proceedings. The learned counsel for the petitioner submitted that involvement of the petitioner in a criminal case may be a ground for suspension but not for issuance of an order of termination. He also submitted that under such circumstances, a charge memo has to be issued, explanation should be called for and if it is not satisfactory, enquiry shall be conducted and based on the enquiry report only, final order can be passed, especially when the penalty of dismissal from service, the major penalty is imposed.

(3.) THE learned counsel cited the Judgment of this Court reported in 2006 (1) CTC 660 (V. L. Lakshmanakumar Vs. The District Manager, TASMAC Limited, Madurai District, Madurai) to support his contention. The learned counsel for the respondents submitted that due to the involvement in a criminal case, the petitioner was issued a show cause notice and after the receipt of the explanation only the petitioner was dismissed from service and there is no illegality in the order.