J.PONRAJ Vs. EXECUTIVE ENGINEER

JUDGEMENT

(1.) The petitioner has filed this writ petition seeking issuance of a Writ of Certiorarified Mandamus to call for the records of the second respondent in proceedings No.4771/E1/2003, dated 08.11.2003, to quash the same and to direct the respondents to regularize the suspension period with all consequential and attendant benefits.

(2.) The facts in a nutshell are as under: The petitioner, who was working as a Sergeant in B.M.Birla Planetarium in the Tamil Nadu Science and Technology Centre, was served with an order of suspension dated 25.04.1991 passed by the first respondent and he was also served with a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Classification, Control and Appeals) Rules. The gravamen of the charge was that the petitioner misbehaved with girl students inside the auditorium while they were witnessing the programme. The petitioner denied the charges. Thereafter, an Enquiry Officer was appointed and enquiry was conducted. Based on the enquiry report, which held the charges proved, the first respondent issued a memo dated 27.01.1992 directing the petitioner to submit his explanation within 15 days. The petitioner submitted his explanation on 10.02.1992. The first respondent, by proceedings dated 06.05.1992, removed the petitioner from service.

(3.) It is stated that there was some issue with regard to the appeal preferred by the petitioner, which was ultimately decided by the second respondent by proceedings dated 08.11.2003. The second respondent rejected the appeal filed by the petitioner finding no reason to interfere with the same.