S BASKAR Vs. COMMISSIONER PUDUKOTTAI MUNICIPALITY

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties.

(2.) THE petitioner, while serving as Bill Collector in Pudukottai Municipality, received a sum of Rs. 4,920/- on 3. 2. 2002, towards the property tax. Such amount was to be deposited by the next day. However, he remained absent from 4. 2. 2002. He was immediately placed under suspension on 5. 2. 2002 in contemplation of a departmental proceeding. The suspension order specifically stated that the suspension was on account of absence. On 12. 2. 2002, the amount was deposited. On 15. 2. 2002, a charge memo was issued on the allegation of belated remittance and unauthorized absence.

(3.) THE petitioner gave an explanation stating that on 4. 2. 2002 itself, he had fallen ill and had to go to the Hospital for treatment and he was going to such hospital for continuous treatment from 4. 2. 2002 onwards. It was also explained by him that there was no intention to misappropriate the money and the amount could not be deposited on account of the fact that he was suffering from peptic ulcer and was being treated as an out-patient in the hospital. After such statement was given, there was no formal enquiry by the departmental authorities and punishment of compulsory retirement from service was imposed.