M.SUNDARARAJAN Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This Writ Petition has been filed challenging G.O.(D)No.95, Municipal Administration and Water Supply (MAWS) (MC-IV) Department dated 09.03.2018 issued by the first respondent, taking a decision to initiate departmental action under the Coimbatore City Municipal Corporation Services (Discipline and Appeal) Rules, 1986, with a further direction to the Commissioner of Municipal Administration to initiate disciplinary action against the petitioner under Rule 8(2) of the Coimbatore City Municipal Corporation Services (Discipline and Appeal) Rules, 1986 and also to send a proposal to the Government to appoint an Enquiry Officer immediately.

(2.) Mr.T.Ranganathan, learned counsel appearing for the petitioner has submitted that when there was a complaint given by one Mr.R.Subramanian, a retired Superintendent from the Coimbatore City Municipal Corporation, making allegation against the petitioner that he has illegally got promoted as Sanitary Inspector, no action was taken against the petitioner, as the petitioner was considered for the said post on acquiring B.L.Qualification which is required for the said post. On the basis of the wrong complaint, the third respondent collected all the original certificates of the petitioner viz., S.S.L.C. Certificate, Higher Secondary Certificate, Community Certificate and Sanitary Inspector Course Certificate and forwarded the same to the first respondent, who, without affording any opportunity to the petitioner to defend his case, cannot pass any order. At this stage, the petitioner has approached this Court by filing W.P.No.36004 of 2016, praying for a direction to the respondents that no final order should be passed without affording any opportunity to him.

(3.) This Court, accepting the genuine request made by the petitioner that he was not afraid of facing the enquiry based on the complaint given by Thiru.R.Subramanian, issued a direction to the respondent to receive the explanation of the petitioner, before taking any final decision. Pursuant thereto, Thiru.V.Rajaraman, I.A.S., who was appointed as the Enquiry Officer, considered the explanation offered by the petitioner and submitted a report holding the petitioner not guilty. Unfortunately the said report of the Enquiry Officer was not accepted by the respondents and they decided to initiate disciplinary action against the petitioner under Rule 8(2) of the Coimbatore City Municipal Corporation Service (Discipline and Appeal) Rules, 1986 and further transferred the petitioner to Salem Corporation as Assistant Commissioner (Personnel) in the existing vacancy.