LAWS(MAD)-2008-11-97

V ANANTHASEKAR Vs. GOVERNMENT OF TAMIL NADU

Decided On November 18, 2008
V.ANANTHASEKAR Appellant
V/S
GOVERNMENT OF TAMIL NADU, REP. BY THE SECRETARY T Respondents

JUDGEMENT

(1.) THIS writ petition is directed against the orders of the second respondent dated 9. 11. 2008 and 28. 05. 2008 and the first respondent dated 20. 10. 2008.

(2.) THE order of the second respondent, dated 9. 11. 2008, which is impugned in the present writ petition, relates to dispensing with the prosecution witnesses and prosecution documents in respect of the disciplinary proceedings initiated and pending against the petitioner based on the charge memo, dated 11. 10. 2007. In the said order, the second respondent has dispensed with two of the prosecution witnesses by stating that one witness had been dismissed from service and another's whereabouts are not known. So far as prosecution documents are concerned, Document Nos. 9, 11 and 21 are dispensed with for the reason that the witness concerned with Document No. 9 turned hostile; that the person related to Document No. 11 has involved in a criminal case and dismissed from service and in respect of the other person, who is related to Document No. 21, has resigned and his whereabouts are not known.

(3.) IN the order of the first respondent-Government dated 20. 10. 2008, the Government has rejected the request of the petitioner to have the change of the Enquiry Officer, who has been transferred outside the Chennai, and also to continue to have the enquiry at Chennai.