M BALASUBRAMANIAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

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

(2.) The petitioner joined the Revenue Department in the year 1968 and his service was regularised in 1978 and posted as Junior Assistant in the office of Taluk Office, Bhavani. He was promoted to the post of Assistant on 10.03.1983 and later promoted as Deputy Tahsildar on 18.02005 and on attaining the age of his superannuation, the petitioner retired from service on 30.09.2008.

(3.) On the eve of his retirement, a charge memo was issued under Rule 17 [b] of the Tamil Nadu Civil Services [Discipline and Appeal] Rules, alleging certain acts of misconduct on the part of the petitioner. The charges were framed on the ground that he failed to properly supervise the subordinate official in regard to the reconciliation of Taluk Office collection data with the concerned Sub Treasury data, which was handled by the Village Administrative Officer. Failure to supervise and monitor the treasury account, resulting which, the Village Administrative Officer had misappropriated some amount due and payable to the Treasury. An enquiry was conducted by the authorities and in the enquiry on behalf of the petitioner, it was brought to the knowledge of the enquiry officer that the act of supervising and monitoring the reconciliation of account data by the Village Administrative Officer must be done at the level of Personal Assistant of the Collector and such duty does not come under the purview of the duties of the petitioner. However, in spite of the explanation, the enquiry report was submitted by holding that the charges proved and on the basis of which, the disciplinary authority had passed an order on 08.02012, imposing the punishment of Rs.50/- cut per month in pension for a period of two years. The said punishment is put to challenge in this writ petition.