S C DHANDAPANI Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) PETITIONER has challenged the order of the District Revenue Officer, Periyar District, first respondent herein, dated 25.3.1996, confirming the order of the Assistant Collector, Dharapuram, dated 28.5.1993, dismissing the petitioner from service and sought for a direction to the respondents to reinstate him in service and grant all monetary benefits.

(2.) FACTS of this case are as follows:When the petitioner was working as an Office Assistant in 1984, a charge memo was issued to him under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. Though the same was refuted, following an enquiry, the District Collector, Dharapuram, second respondent, by his order dated 28.5.1993, dismissed the petitioner from service. Appeals filed before the first respondent, dated 14.6.1993 and 22.6.1993, were dismissed and the punishment was confirmed. Aggrieved by the orders of the disciplinary and appellate authorities, the petitioner has preferred Original Application before the Tamil Nadu Administrative Tribunal,- which has been subsequently transferred to this Court and renumbered as writ petition.

(3.) IN the counter affidavit, the respondents have submitted that the petitioner was an Office Assistant in the Office of Agricultural INcome Tax Officer, Dharapuram. During his tenure, he had fabricated false challans with bogus seals, as though, a sum of Rs.5,225.30 had been remitted into Government account in State Bank of INdia, Dharapuram. He has misappropriated government money and for thus criminal misconduct, the petitioner was suspended by the Revenue Divisional Officer, Dharapuram on 27.9.1984. Disciplinary action was initiated and charges were framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. On completion of the enquiry, he was dismissed from service by the Revenue Divisional Officer, on 30.9.1988. Thereafter, the petitioner sent a petition to the Hon-ble Chief Minister-s Cell for cancellation of the above order. The District Revenue Officer, Periyar District, after considering the above said petition, remitted the matter to the Revenue Divisional Officer, Dharapuram for a fresh disposal, owing to certain procedural irregularities. After conducting a fresh enquiry, the Sub Collector, Dharapuram, once again dismissed the petitioner from service in is proceedings, dated 28.5.1993. On appeal, the above order was confirmed by the District Revenue Officer, Periyar District, Erode IN his proceedings, dated 25.3.1996.