S KANNAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) PETITIONER has filed this Writ Petition, praying for issuance of a writ of certiorari to call for the records relating to the proceedings made in Memo R.No.87355/V3/04, dated 22.09.2005, passed by the second respondent, quash the same and for a consequential direction to the respondents to include his name in the panel and promote him to the post of Motor Vehicles Inspector, Grade-I, with all attendant benefits.

(2.) PETITIONER was appointed as Motor Vehicles Inspector, Grade-II, on 27.12.2000, in the office of the Regional Transport Officer, Coimbatore (North). Thereafter, on 06.06.2005, he was transferred to the Enforcement Wing and posted in the office of the Joint Commissioner, Chennai, namely, third respondent. His next promotion is to the post of Motor Vehicles Inspector, Grade-I. While so, the second respondent, in his office proceedings, which are impugned herein, dated 22.09.2005, framed three charges against the petitioner under Section 17 (b) of The Tamil Nadu Civil Services (Discipline & Appeal) Rules (in short, "the Rules"). The said charges are as under :-Charge-I : That on 14.06.03, Thiru S. Kannan while working as Motor Vehicle Inspector Grade-II at Regional Transport Office, Coimbatore (North) has personally inspected three vehicles involved in an accident near Karikadai bus stop in Pappanaickenpalayam on 13.06.03 and has submitted his inspection report in Form AIR stating that(i)The front left body is pressed in Corporation Bus TN37/N-0675.(ii)The front left bumper twisted and left grill pressed in Corporation bus TN38/N-0309.(iii)There are damages in front head light assembly, front vision mirror, fork, Handle bar, speedometer and petrol tank in Motor Cycle TN 37/AA-2369.But, the report of the MD, TNSTC, Coimbatore regarding the damages of the two Corporation buses in this case reveals thati)the backside left body and bleeding is damaged in respect of TN 37/N-0675ii)the front grill, bumper, right indicator, mirror and front left wind screen is damaged in respect of TN 38/N-0309.Thus he has furnished incorrect accident report controversial to the factual occurrence of the accident in this case.Charge-II : Thiru S. Kannan, Motor Vehicle Inspector, Grade-II, O/o the Regional Transport Officer, Coimbatore (North) has not properly inspected the two corporation buses involved in this accident without carefully analysing the nature of the accident and the possible damages depending upon the impact of this accident. This shows his negligence and lack of devotion to official duties.Charge-III: Thiru S.Kannan, Motor Vehicle Inspector Grade-II, O/o the Regional Transport Office, Coimbatore (North) has furnished false and misleading report in this case without technical expertise. Thus he has failed to maintain absolute integrity in the discharge of his official duty."Aggrieved over the said charges, the petitioner has filed this Writ Petition.

(3.) LEARNED counsel for the petitioner has cited three unreported orders of this Court in W.P.No.3558 of 2004, dated 05.09.2006 W.P.No.18517 of 2007, dated 12.10.2007, and W.P.No.21933 of 2005, dated 25.04.2006.(i) In W.P.No.3558 of 2004, a Division Bench of this Court has held as follows :