STATE GOVERNMENT OF TAMIL NADU Vs. THIRU R NATARAJAN AND THE REGISTRAR, TAMIL NADU ADMINISTRATIVE TRIBUNAL

JUDGEMENT

(1.) The State is the petitioner and the challenge is to the order of the State Administrative Tribunal dated 16.11.2001 passed in O.A.No. 2865 of 2000. While the first respondent was working as an Executive Officer Maduravayal Town Panchayat in Chengelpet district, he was issued with the charge memo dated 20.6.1997. In annexure 1 to the said charge memo in charge No. 8, it was alleged that he purchased dustbins for the use of public health purposes to the tune of Rs. 1,20,000/- from Tvl. Dhalavaipatti Multipurpose Cottage and Village Industries Cooperative Society for which the administrative sanction of the District Collector was not obtained which amounts to violation of the Government orders issued in G.O.Ms.No. 729 RD & LA department dated 6.9.1994 and caused loss to the funds of Maduravoyal Town Panchayat. The said charge sheet came to be issued under the signature of the District Collector of Thiruvallur.

(2.) Based on the said charge memo, after the submission of the explanation by the first respondent, further enquiry was held and ultimately the Director of Town Panchayats passed an order dated 2.3.1999 exonerating the first respondent of all the charges. The operative part of the order dated 2.3.1999 is to the following effect:

(3.) Therefore, a combined reading of charge No. 8 in the charge sheet dated 20.6.1997 and the charges now framed in the charge sheet dated 3.11.1999 is quite explicit that in both the charge sheets the allegation was only with reference to the misconduct of the purchase of 150 dustbins by the first respondent without prior permission of the higher authorities which was in violation of the Rules and Regulations and the said purchase resulted in monetary loss to the Panchayat. In the seventh charge framed in Annexure 1, it was stated that such conduct indulged in by the first respondent was in violation of Rule 20(1) of the Tamil Nadu Government Servants Conduct Rules, 1973. Rule 20(1) states that every member of the service, should at all times maintain absolute integrity and devotion to duty and dO nothing unbecoming of a member of the service.