TAMIL NADU CIVIL SUPPLIES CORPORATION, LTD. (BY SENIOR REGIONAL MANAGER, NORTH ARCOT REGION, VELLORE) AND ANOTHER Vs. V. GOVINDASWAMY

JUDGEMENT

(1.) This appeal is essentially directed against the order of the learned Single Judge restraining the appellant, viz., Tamil Nadu Civil Supplies Corporation (hereinafter referred to as the corporation) from taking further steps in pursuance of the charge memo which has been issued to the respondent on 7 March 1985. Undoubtedly, the injunction has been issued on the ground that there is a serious flaw in the chargesheet in that the punishment proposed to be inflicted is not stated. Sri Venkataraman, however, made it clear to us that this is not the ground on which the chargesheet is challenged. In the course of the hearing it transpired that the writ petition itself could be disposed of having regard to the nature of the controversy involved in it. We, therefore, took up the writ petition itself for disposal with the consent of the parties.

(2.) Originally, an identical chargesheet was given to the respondent on which an enquiry was made. There were certain irregularities in that enquiry, with the details of which we are not concerned. It only needs I to be mentioned that in Writ Petition No.B 1815 of 1984, the learned Judge who disposed I of that writ petition observed as follows:"

(3.) It appears that the main objection which was taken by the respondent in the earlier proceedings was that the charge n framed by one Basheer Ahmed who himself having investigated the matter was examined as a witness in the enquiry. The enquiry report came to be furnished to Bashes Ahmed who was the disciplinary authority and that, therefore, he was incompetent post in judgment over the findings in the enquiry. The learned Judge who disposed of the matter did not give any specific direction as to win, should deal with the enquiry proceeding.