R RAMACHANDRAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE prayer in the writ petition is to issue a writ of Certiorarified mandamus calling for the records pertaining to the proceedings dated 17. 10. 2007 in letter No. 6634/tr. II/2007-10 of the first respondent, quash the same and direct the respondents herein to reinstate the petitioner in service with all service benefits.

(2.) AT the outset, I would like to point out that the second part of the prayer for reinstatement is misconceived as the question of reinstatement does not arise at all since the petitioner is in service.

(3.) THE case of the petitioner is that he was appointed as Motor Vehicle Inspector, Grade-II in the year 1985 as a direct recruit through Tamil Nadu Public Service Commission and he was promoted as Motor Vehicle Inspector, Grade-I in the year 1991 and presently he is holding the said post in the Regional Transport Office, Chennai (North ). Petitioner was issued with a charge memo dated 17. 10. 2007 alleging that without verifying the genuineness of the documents produced for registration of six imported vehicles, petitioner accepted the fabricated documents produced by the Importer and registered the vehicles, which resulted in loss of revenue to the Government to the tune to Rs. 32,252/- by way of Life Time Tax, for lesser value than the actual value. The statement of charges and the statement of allegations are contained in Annexure I and II, which read as follows: "annexure-I statement of charges framed against Thiru R. Ramachandran, Motor Vehicle Inspector, Grade-I, Regional Transport Officer, Chennai (North)When you were working as Motor Vehicles Inspector, Grade-I, Regional Transport Officer, Chennai (North), Chennai - 39 during February-2006, you committed the following irregularities. CHARGE: as per Circular No. 1/79 of the Transport Commissioner, Chennai, the records produced for registration of foreign vehicles should be verified for genuineness and whether all the records prescribed under rule 47 of Central Motor Vehicles Rules are produced. You have inspected the following illegally imported six second hand vehicles and accepted fabricated documents without proper scrutiny of the registration papers, inspected the vehicles and also certified in Form-20, which is against the statutory requirement under rule-47 of CMV Rules, 1989 and instructions issued by the Transport Commissioner in Circular 1/79. <FRM>JUDGEMENT_127_TLMAD0_2008Html1.htm</FRM> You are the competent authority to inspect the vehicle and grant registration as contemplated under sec. 44 of M. V. Act, 1988 and solely responsible for the registration of vehicles mentioned in charge-I. You had accepted the fabricated documents produced by the importer without proper verification. Thus your action has resulted in loss of revenue to the effect of Rs. 32,252/- to the Government exchequer by way of Life Time Tax assessed based o fabricated documents for lesser value than the actual valud of the cars. Thus you have failed to maintain absolute integrity and devotion to duty and thereby contravened the provisions of Rule 20 (1) and (2) of the TNCS (Danda) Rules, 1973, and thus conducted yourself in a manner unbecoming of a Government servant. ANNEXURE - II statement of allegations namely imputation of misconduct or misbehaviour in support of the charges framed against Thiru R. Ramachandran, Motor Vehicles Inspector (Non-Technical), Grade-I, Regional Transport Office, Chennai (North)That the Directorate of Revenue Intelligence, Chennai-17 has informed in their letter that six second hand cars illegally imported by one M/s. Sri Vijayalakshmi Auto Centre and others were registered in the office of the Regional Transport Officer, Chennai (north), in the name of the importer and other companies with forged documents. The Directorate of Revenue Intelligence, Chennai-17 has clearly stated that the illegally imported vehicles were fraudulently registered by submitting the fabricated documents. An application for registration of Motor vehicles should be made in form No. 20 of the CMV Rules, 1989, and has to be accompanied by the documents prescribed under rule 47 (1) (a) to (i) of CMV Rule, 1989. In the case of imported vehicles, customs clearance certificate along with the license and bonds, if any shall be enclosed. Further, the Regional Transport Officers have been given instructions that they should themselves make such enquiries as they may deem necessary before they approve the re-registration of imported vehicle wherever there is a reasonable suspicion, as per circular 1/79. If you were careful enough to verify the genuineness of the documents produced by the importers while applying for registration of the illegally imported cars would not have been registered and the registration certificates of the six vehicles would not have been issued. Failure on your part of non scrutinizing the documents properly as per Motor Vehicles Act, Rules and Circular instructions you have caused loss of revenue to the Government Exchequer to the tune of Rs. 32,252/- in collection of Life Time Tax assessed for lesser value than the actual value of the cars. Hence the charges as found in Annexure-I are framed against you. " the said charge memo is sought to be quashed in this writ petition by contending that the statement of allegations even if accepted to be true, does not make out any misconduct and there is discrimination in treating the charged officials. The fabricated documents appear like original documents and therefore the petitioner cannot be expected to be an expert in identifying the fabricated documents and the proceedings initiated separately against the petitioner is contrary to G. O (D)No. 1235 Home Department, dated 17. 12. 2000. Petitioner also contended that quoting of wrong provision in the charge memo shows the non-application of mind by the authority concerned. 3. Heard the learned counsel for the petitioner and perused the impugned charge memo.