R PAVIRUSAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) PETITION filed Under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records related to the proceedings of Government Lr. No. 15488/D2/2006-45 dated 20.06.2007 of the 1st respondent, quash the same and to issue consequential directions to the respondents to include petitioner's name in the Tamil Nadu State Treasury and Accounts Service - Class - III posts - Regular Penal for the year 2007-2008 issued in G.O.Ms. No. 164 by the 3rd respondent on the basis of the recommendation letter issued by the 2nd respondent (Lr.Pdl. No. 25/2006/A2, dated 05.12.2007) with all consequential benefits and other benefits.) The petitioner filed the present Writ PETITION seeking Certiorarified Mandamus, challenging the proceedings in Government Lr. No. 15488/D2/2006-45, Health and Family Welfare Department, dated 20.06.2007 of the first respondent and for consequential relief.

(2.) THE case of the petitioner is that the first respondent initiated through G.O. (D) No. 588, Health and Family Welfare Department, dated 30.06.2006 common disciplinary proceedings against R. Gunasekaran, Assistant, Primary Health Centre, Nangavalli, Salem District and 20 others under Rule 9A of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in connection with alleged misappropriation of Government funds at Government Primary Health Centre, Nangavalli.

(3.) THE petitioner further contended that the bills stated in the Annexure-II of the charge memo dated 20.06.2007 were not passed during his period and the auditing report clearly discloses that amount mentioned in the charge memo enclosure to Annexure II does not find place in the auditing report. R. Gunasekaran, formerly Assistant, Government Primary Health Centre, Nangavalli admitted his guilt and criminal proceedings are pending against him in Crime No. 206 of 2005 on the file of Jalagandapuram Police Station.