P KRISHNAMURTHY Vs. GOVERNMENT OF TAMIL NADU, REP BY SECRETARY TO GOVERNMENT, MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

JUDGEMENT

(1.) The petitioner has approached this Court, seeking the following relief:

(2.) The petitioner was originally recruited as Attender in 1972 in the ministerial service department. He was promoted as Junior Assistant and further promoted as Assistant and Revenue Inspector in 1998. He was, thereafter, promoted as Assistant Revenue Officer in 2008 and on attaining the age of superannuation, he retired on 31.8.2009.

(3.) While he was working as Revenue Inspector, he was posted at Arani Municipality, where, he worked from 11.10.2000 to 9.12.2002. In regard to his discharge of duties in the said municipality, the Commissioner of Municipality had issued a charge memorandum under major penalty proceedings on 22.2004. The petitioner submitted a detailed explanation in response to the charge memorandum on 12.1.2006. However, an enquiry was ordered to be conducted, wherein, the petitioner participated and submitted his explanation. On conclusion of the enquiry, a report was submitted by the Enquiry Officer on 26.2006 holding that the charges 4,5,6 and 9 alone were proved out of 9 charges framed against the petitioner. On the basis of the report of the Enquiry Officer, further explanation was called for from the petitioner and ultimately an order was issued on 7.12.2006 imposing punishment of censure on the petitioner. Aggrieved over the same, the petitioner filed an appeal before the first respondent and the same was rejected by G.O.Ms.No.45 Municipal Administration and Water supply Department dated 29.5.2009. The orders of the disciplinary authority as well as the appellate authority are put to challenge in this Writ Petition.