V ARIVUSELVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner had approached the Tamil Nadu State Administrative Tribunal, Chennai by filing O.A.No.1102 of 1997, questioning the order passed by the Appellate Authority dated 12.06.1996 confirming the order of removal passed by the Original Authority dated 04.01.1996. THE said Original Application had been transferred to the file of this Court and renumbered as W.P.No.21794 of 2006.

(2.) THE short facts which led the petitioner to approach the Tamil Nadu State Administrative Tribunal are set out hereunder: THE petitioner was initially selected to the post of Junior Assistant under Rule 10(a)(1) of the Tamil Nadu State and Subordinate Service Rules on compassionate grounds and he was posted on appointment at the Mohan Kumaramangalam Medical College Hospital, Salem in the vacancy caused by one P.Subramaniam, on his promotion to the post of Assistant. THE petitioner was appointed to the said post by an order of the second respondent dated 15.06.1992 and he joined service on 22.06.1992. He was placed under suspension by an order dated 03.08.1995 for the reason that he had misappropriated a sum of Rs.1,879/- collected by him in the Hospital Stoppage Section on behalf of the third respondent. A charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, dated 22.08.1995 was issued to him. He has submitted a detailed explanation dated 12.09.1995. Even before that, in the preliminary enquiry held on 02.08.1995, he had admitted that he utilised the said amount due to unavoidable circumstances. After enquiry, he was removed from service by the order of the Original Authority, viz., third respondent, dated 04.01.1996, against which the petitioner preferred an appeal before the second respondent, Appellate Authority. THE second respondent, by his order dated 12.06.1996, confirmed the order of the Original Authority dated 04.01.1996. Hence, the petitioner had approached the Tribunal challenging those orders.

(3.) I have considered the submissions made by the learned counsel appearing for the petitioner and the learned Additional Government Pleader for the respondents.