D NARAYANAN Vs. DISTRICT REVENUE OFFICER

JUDGEMENT

(1.) THE writ petition is filed for the issuance of writ of certiorarified mandamus to set aside the order dated 28.1.2004 made in O.A.No.1077 of 2002 passed by the Tamil Nadu Administrative Tribunal (in short 'the Tribunal') and the order in proceedings No.Na.Ka.A1.6032/94, dated 30.04.1999 passed by the second respondent and consequently to direct him to reinstate the petitioner in service with all consequential and monetary benefits.

(2.) THE petitioner joined as a Village Administrative Officer in the year 1984 and while he was working in that capacity at Manavarayanenthal Village, Thiruchuli Circle, the second respondent herein had initiated disciplinary proceedings by issuing a charge memo dated 7.10.1994 under Rule 17(b) of the Tamil Nadu Civil Servants (CCA) Rules. THE charges framed against the petitioner are that:(a) for having misappropriated a sum of Rs.2,500/- collected as Revenue Income (b) for having absented duty.

(3.) AS regards the same allegation, criminal prosecution was also launched against the petitioner on the ground that the amount of Rs.2,500/- representing the tax collection collected during the month of March and April has been remitted on 7.10.1994. A case was registered against the petitioner in Crime No.166/1994 under Section 409 of IPC on 2.12.1994, i.e. two months after the payment was made by the petitioner to the Government accounts.