S ESWARAN Vs. TASILDHAR SRIVAIKUNTAM TALUK THOOTHUKUDI DISTRICT

JUDGEMENT

(1.) THE Petitioner seeks Writ certiorari to call for the records relating to the impunged order of Charge Memo passed by the Respondent in his Proceedings No. A4-12394/2002 dated 20.5.2004.

(2.) THE Petitioner was appointed as the Village Assistant by direct recruitment on 18.3.1988 under the category of physically handicapped and also belonging to SC community. THE Petitioner was issued with an impugned Charge Memo dated 20.5.2004 by the Respondent in Na.Ka.A4/12394/02, calling written explanation of the Petitioner to the charges levelled against him. THE Charge memo was issued to the Petitioner alleging that he has produced bogus 8th Standard School Transfer Certificates and also submitted bogus birth certificate and on the strength of the bogus certificate, joined the Government service. THE Petitioner was placed under suspension by the Respondent vide proceedings No.Na.Ka.A4-12394/2002 dated 7.6.2004.

(3.) PLACING reliance upon the decision reported in 2006 (1) CTC 689: (2006) 1 MLJ 511, learned counsel for the petitioner mainly contended that both the Departmental Proceedings and the Criminal case are based on the same set of facts and hence, the Department cannot proceed in the Departmental Enquiry and the Impugned Charge Memo is to be quashed.