K JEYAPRAKASAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD Mr.Yashod Vardhan, Senior Counsel, appearing for the petitioner and the learned Additional Government Pleader appearing for the respondent.

(2.) THE petitioner has stated that he was working as a Radiographer in the Rajaji Hospital, Madurai, when he was placed under suspension by the proceedings of the respondent, dated 4.5.91, in R.C.12902/E3/91, on the ground that an enquiry into grave charges was pending against the petitioner. THE petitioner was issued a charge memo in proceedings Ref.No.12902/E3/91, dated 29.7.91, with four charges. THE allegation was that there were irregularities in the X-ray film and the chemical accounts of the T.B.Clinic and the alleged loss of Rs.1,02,036.05 had been caused to the Government. By proceedings, dated 2.10.91, the amount was reduced to Rs.96,848.05.

(3.) IT has been further stated that the respondent, vide proceedings, dated 4.11.94, in R.C.No.4694/E3/91, had informed the petitioner that he would not be permitted to retire from service since disciplinary proceedings were pending against him. The Government had issued an order to that effect, in G.O.(D).No.142, dated 28.11.94. On 14.12.94, the Tahsildar, Madurai (South), issued a notice to the petitioner initiating proceedings under the Revenue Recovery Act. The petitioner had sent a letter, dated 29.11.94, to the Director of Medical Education, Madras, pointing out that no proper enquiry had been held and the enquiry proceedings were held in violation of the principles of natural justice. Therefore, the petitioner had requested the Director of Medical Education to intervene and exclude the petitioner from the charges. However, by the impugned order in Ref.No.12902/E3/91, dated 18.6.95, the respondent had held the petitioner guilty of all the charges and directed the petitioner's removal from service. The said order is arbitrary and illegal and liable to be set aside. In such circumstances, the petitioner had filed an original application in O.A.No.4744 of 1995, which has been transferred to this Court and re-numbered as W.P.No.27355 of 2006.