GOVERNMENT OF TAMIL NADU REP BY SECRETARY TO GOVERNMENT HEALTH AND FAMILY WELFARE DEPARTMENT Vs. S VASUDEVAN

JUDGEMENT

(1.) Challenge in this intra Court Appeal is to the order of the learned Single Judge dated 04.09.2013 made in WP No.27009 of 2007, in and by which, the learned Single Judge set aside the order of the 1st respondent in G.O.(D).No.1319, Health and Family Welfare (D2) Department, dated 05.12.2006. Confirming the order of the 1st respondent in G.O.(D) No.388, Health and Family Welfare (D2) Department, dated 19.03.2003, which inturn confirmed the order of the 2nd respondent in Pro.R.No.37783/63/DA/92/S2 dated 29.08.2001 imposing a punishment of dismissal from service and directing the reinstatement of the petitioner in service with all attendant benefits including retirement benefits with effect from 30.11.2000.

(2.) The Writ Petition was filed by the 1st respondent challenging the above orders made in the disciplinary proceedings launched against him. The 1st respondent was appointed as a Health Assistant in Mannargudi Panchayat Union on 20.01963. He was promoted as Health Inspector on temporary basis on 10.11.1968 and upon a selection through the Tamil Nadu Public Service Commission on 09.04.1970. He continued as a Public Service candidate in the post of Health Inspector. He was moved to Selection Grade in the post of the Health Inspector and was promoted as Block Health Supervisor on 09.07.1999. He was due to retire on 30.11.2000, certain disciplinary proceedings were initiated against him in the year 1991 and charges were framed by the Commissioner for Disciplinary Proceedings, Madurai Region, Chennai in his proceedings dated 09.10.1991. The 1st respondent challenged the said charge memo in OA No.2468 of 1992, before the Tamil Nadu Administrative Tribunal, and had obtained stay of all further proceedings on 15.05.199

(3.) Since the disciplinary proceedings were pending, the petitioner/1st respondent herein was placed under suspension on 28.11.2000, two days prior to his superannuation. He was also not allowed to retire from service. The original application filed by the petitioner/1st respondent herein in OA No.2468 of 1992 on the file of the Tamil Nadu Administrative Tribunal came to be dismissed on 02.01.2001 with a direction to complete the disciplinary enquiry within a period of six months from the date of final orders of the Tribunal. The disciplinary proceedings were subsequently taken up by the Commissioner for Disciplinary Proceedings, Thanjavur, who concluded that the respondent is guilty of the charges and passed an order on 29.08.2001, imposing a penalty of removal from service.