B RAMASUBBU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS Writ Petition came to be numbered under Article 226 of the Constitution of India by way of transfer of O.A.No,746 of 2002 from the file of Tamil Nadu Administrative Tribunal with a prayer to set aside the impugned Order G.O.(D)No,534, dated 24.10.2001 of the respondent.) The Original Application in O.A.No,746 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the "Tribunal") is the present writ petition.

(2.) THE petitioner was working as Union Overseer in Melaneelithanallur Panchayat Union. Admittedly, the Engineering Stock Register was in his custody, in which, the details of 24 teak wood rafters, dismantled and removed from the Panchayat Union School building of Pandiapuram Village, were entered in page No,26. Those teak wood rafters were sold in public auction, conducted on 28.07.1993. THEre were some allegations against Thiru. A. Kadhar Masthan, the then Block Development Officer, regarding the public auction of teak wood rafters. In the enquiry, against the said Block Development Officer, it was found that page Nos.25, 26, 67 and 68 of the said Engineering Stock Register had been torn out. THE petitioner is made responsible for missing of those pages and the respondent issued charge sheet dated 17.09.1997, under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, alleging that while the petitioner handed over the Engineering Stock Register on 21.04.1995 to the Additional Block Development Officer, for onward transmission to the Vigilance and Anti-corruption Department, the page Nos.25, 26, 67 and 68 of the said Register had been torn out.

(3.) THE petitioner filed the Original Application in O.A.No,746 of 2002 (W.P.No,7448 of 2007) to quash the impugned order in G.O.(D)No,534, Rural Development Department, dated 24.10.2001 of the respondent.