G SHANMUGANANDAM Vs. SECRETARY TO GOVERNMENT LABOUR DEPARTMENT

JUDGEMENT

(1.) HEARD both sides. In view of the abolition of the Tribunal, the matter stood transferred to this court and was renumbered as W.P.No,35071 of 2006.

(2.) THE petitioner filed the original application No,9433 of 1997 seeking to challenge the order of the second respondent, dated 06.11.1995 as well as the appellate order of the first respondent, dated 17.12.1996, wherein by which the petitioner was dismissed from service. THE Tribunal inspite of the fact that the petitioner was not in service, granted an interim stay by an order, dated 26.11.1997. THE ground on which the Tribunal granted interim stay was that the enquiry report was not given to him before the competent authority imposed the penalty. THE said interim order came to be continued until further orders. Though the respondents filed a vacate stay application in M.A.No,2467 of 1998, for reasons not known the Tribunal did not take up that application. THEreafter, the respondents have filed a detailed reply affidavit, dated 23.07.1998, justifying the penalty imposed on the petitioner.

(3.) THE petitioner was working as a Training Officer in the Government Industrial Training Institute, Cuddalore. THE petitioner was placed under suspension with effect from 14.12.1994. A charge memo under Rule 17(b) of the TNCS (D&A) Rules was given to him vide memo dated 20.01.1995. THE charge against the petitioner was that he had a forced homosexual relationship with one student by name Sureshkumar and he had also instead of being a model training officer, brought disrepute to the institution. On 13.12.1994, he did not attend the institute and applied for one hour permission. On that day, in the residential quarters of the petitioner, the incident had taken place. THE victim student gave a complaint to the Principal, who in turn informed the Directorate. THE incident had led to unrest among the students. THE anger of the students led to violent demonstration, including the student entering the petitioner's living quarters and damaging his personal assets such as Television and two-in-one set.