R PANNER SELVAM Vs. GOVT OF TAMILNADU

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned Additional Government Pleader appearing for the respondents.

(2.) THE petitioner has stated that he was working as a Pharmacist at the Government Primary Health Centre, Erumapatti, Namakkal Taluk, Salem District. In the year 1982, the petitioner was placed under suspension, with effect from 22.3.82, by the proceedings of the District Health Officer, Namakkal, in R.No.2358/H2/82, dated 22.3.82, pending enquiry into grave charges against the petitioner. After the petitioner was placed under suspension, he was arrested on 30.3.1982 by the Senthamangalam Police and a case was registered against him and two others in Crime No.50 of 1982, for an offence under Section 302 read with Section 34 of the Indian Penal Code. THE case was taken up for trial by the Principal Sessions Judge in S.C.No.142 of 1982 and he was pleased to acquit the petitioner by his judgment, dated 14.7.83. Acquittal was made on the ground that the charges against the petitioner were not proved beyond all reasonable doubt. THEreafter, the order of suspension was revoked and the petitioner was reinstated in service, pending finalization of the disciplinary proceedings against him by the proceedings of the District Health Officer, Namakkal, in R.No.2358/H2/82, dated 4.4.84.

(3.) THE learned counsel appearing for the petitioner had submitted that Ruling IX under Rule 54(B) of the Fundamental Rules of the Tamil Nadu Government, reads as follows: