G UMASEKARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) AGGRIEVED by the order, dated 15. 04. 2004, passed in o. A. No. 3570 of 2003 by the Tamil Nadu Administrative Tribunal, Chennai, the petitioner herein has preferred this writ petition.

(2.) THE petitioner herein Thiru. G. Umasekaran was formerly working as Regional Transport Officer at Coimbatore , erode and Madurai . During the relevant period from 01. 03. 1986 to 31. 12. 1990, while working as regional Transport Officer, he was charged for abusing his official position, by corrupt practice, and acquired assets in the form of movable and immovable properties in his name and also in the name of his wife to an extent of rs. 3,99,645. 24/- disproportionate to the known sources of his legitimate income.

(3.) THE Tribunal for Disciplinary Proceedings, considering the evidence of both sides, has held that the charges are proved, for which given the following reasons: I. THEre is no evidence to prove that his wife received loans from Thiru. C. V. Ramiah and Thiru. S. Kannan without any interest for construction of house at Ganapathy Village. II. THEre is no evidence to prove that the D. O's wife had independent earning on regular basis nor she had her own sources of income. III. She was used as a facade by the delinquent officer to cover up his illegal income, since she cannot be credited with the construction of two houses on her own without the assistance of her husband. IV. THE income returns were filed in 1987 in a hurried manner by the D. O's wife. V. THE income of his wife prior to the period covered under income tax returns was not shown in any property statement. VI. THErefore, the so-called income at the beginning of the check period projected by the delinquent officer based on the income tax return is either already or there was no income at all. VII. THE claim of the D. O. Relating to rental income and rental advance prior to the check period cannot be taken into account, unless it is definitely proved by documentary or acceptable evidence.