K VADIVEL ALAGAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) WRIT Petition filed under Article 226 of the Constitution of India praying for the issuance of a WRIT of Certiorari calling for the records of the proceedings relating to Charge Memo No.DC5/29307/87-5 dated 24.11.1998 on the file of the second respondent and quash the same.The prayer in this writ petition is to quash the charge memo dated 24.11.1998 issued against the petitioner, by the second respondent.

(2.) THE case of the petitioner is that while he was working as Assistant Engineer, Sub-Division-II, Coimbatore, the work of construction of 255 flats for Police Personnel at Pollachi was under his charge from 27.8.1984. THE petitioner joined as Assistant Engineer in Pollachi on 10.8.1984. He worked there till 20.12.1985 i.e, the date on which the flats were handed over to Public Works Department and Police Department. THEre was allegation that the constructions were made by using sub-standard morter of lime and cement and inferior quality of country woods. THE Vigilance and Anti Corruption, Coimbatore, registered a criminal case on 1.10.1988 in crime No.5/AC/88/CB. Samples were taken and tests were conducted. THE first respondent initiated departmental action and framed charges against six officers including the petitioner. THE allegation was that there was total loss of Rs.7, 76,170.50 to the Tamil Nadu Housing Board. THE second respondent consequently issued the impugned charge memo alleging that the petitioner and other five officers violated Rule 37(b) of the Tamil Nadu Housing Board Service Regulations, 1969, and called upon the petitioner and others to submit explanation. Petitioner submitted explanation and the same having been found not satisfactory, one S.M. Khasim, Chief Engineer, Tamil Nadu Housing Board was appointed as Enquiry Officer on 17.3.1999. Subsequently another enquiry officer viz., Manonmani, Financial Adviser of the Tamil Nadu Housing Board was appointed as Enquiry Officer on 30.10.1999. Enquiry was conducted on 15th, 16th of March, 2000 and on 20th and 21st July, 2000. It is alleged that thereafter without fixing any further date the matter was kept pending.

(3.) FOR the said counter affidavit, petitioner has not filed any reply.