P PITCHAI Vs. ZONAL MANAGER

JUDGEMENT

(1.) BOTH the writ petitions are filed by the same petitioner.

(2.) W.P.No.4004 of 1999 is to set aside the order dated 19.11.1998 and for a further direction to reinstate the petitioner with all backwages as are available to the Development Officer treating the petitioner's service as one of continuous service till the date of his superannuation. Even at the time of the filing of the writ petition, the petitioner was 65 years old and had already reached the age of superannuation. In W.P.No.4005 of 1999, the challenge is to the order dated 09.05.1985, by which the petitioner was dismissed from service. Both the writ petitions were admitted and notice was ordered to the respondents. The respondents also filed a common counter affidavit dated 28.10.2008 justifying the dismissal.

(3.) THE petitioner filed an appeal against the dismissal order by an appeal dated 24.04.1986 and the appellate authority by an order dated 11.11.1986 dismissed his appeal. In the appeal memo, the petitioner had stated in paragraph 7 that the respondents have not conducted any enquiry against the dismissal and that would violate the principles of natural justice. In response to the appeal grounds, it was stated by the appellate authority in the order dated 11.11.1986, which reads as follows:- ".... However, the Staff Regulations governing the service conditions of the employee clearly stipulates that where an employee is convicted on a criminal charge, the Disciplinary Authority may consider the facts and circumstances of the case and pass such orders as it deems fit. Still, I find that the employee had been given an opportunity to show cause against the proposed order of the dismissal from service of the Corporation by means of the issue of a Show Cause Notice dated 16.04.1985. I, therefore, find that there is no irregularity in the procedure adopted by the Disciplinary Authority in dismissing Shri.P.Pitchai from the service of the Corporation. I also find that Shri.Pitchai has not brought out any fresh points for my consideration".