V. PALANISAMY Vs. CHAIRMAN

JUDGEMENT

(1.) The above Writ Petition is filed, to quash the impugned order passed by the second respondent dated 18.07.2016, removing the petitioner from service.

(2.) The petitioner was an employee in V.O. Chidambaranar Port Trust, Tuticorin, in Cargo Handling Division, as Mazdoor. While he was in service, a criminal case was registered against the petitioner for the offences under Sections 147, 148 and 302 of IPC and he was convicted for the offences and committed to life imprisonment and 10 years of rigorous imprisonment by the Fast Track Court II, Tuticorin, in SC.No.104 of 2008. The petitioner preferred an appeal before this Court in Crl.A.(MD) No.535 of 2008 and the same was disposed of on 09.12.2009, confirming the conviction but on a different Court is under Section 304.

(3.) It is on account of the conviction of the petitioner by the criminal Court for a grave offence of murder and for other offences, the second respondent who is the compedent authority passed the impugned order, holding that the conduct of the petitioner, which has led to his conviction by the Court of law is such as to render his further retention in the public services, is undesirable. This order was in exercise of the powers conferred by the second respondent by Regulations 15(i) of TPE (CCA) Regulation 1979 r/w Rule 19(i)) of the Central Civil Services (Classification Control and Appeal) Rule 1965 and his removal was with effect from 09.12.2009. No doubt, it was simply based on the order of this Court, in the Crl. A.(MD) No.535 of 2008, dated 09.12.2009.