S. MESSIAH Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ appeal is directed against the judgment rendered by the learned single Judge in the writ petition instituted by the appellant. The writ petition, in turn, is preferred calling in question the correctness of the orders passed by the State Government contained in their G.O.(1D). No. 198, dated 11.05.2015.

(2.) The appellant/writ petitioner was subjected to disciplinary proceedings for failing to maintain absolute integrity and devotion to duty. In that, having demanded and accepted illegal gratification of Rs. 100.00 from an individual, the Tribunal for Disciplinary Proceedings to which conducting of enquiry has been entrusted found him guilty and as a result of the charge laid against the appellant/writ petitioner having been held proved, was inflicted with a punishment of removal from service by an order dated 31.01.1997. Against the said order, though an appeal and revision are provided for in the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules, the appellant/writ petitioner has chosen to bypass the same and filed W.P. No. 26730 of 2006 and that writ petition was dismissed on 09.06.2009. Incidentally, this writ petition is a case transferred from the Tribunal where the appellant/writ petitioner has filed O.A. No. 6336 of 1997. The order of punishment of removal passed on 31.01.1997 came to be upheld by this Court by it's judgment dated 09.06.2009 in W.P. No. 26730 of 2006. That judgment was the subject matter of another in-house appeal in W.A. No. 1779 of 2009. A Division Bench of this Court, by its judgment, dated 15.04.2010 dismissed the said writ appeal. It is, subsequent thereafter, to the dismissal of the writ appeal on 15.04.2010, the appellant/writ petitioner has moved the State Government on 09.02.2015 seeking the State Government's intervention with the original order of punishment dated 31.01.1997, that the State Government has declined to entertain and passed orders to that effect through their G.O.(1D). No. 198, dated 11.05.2015 which is now challenged before the learned single Judge, who declined to entertain the writ petition.

(3.) Heard Shri. R. Suriyanarayanan, learned counsel for the appellant/writ petitioner.