A LAKSHMANAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) As it could be seen from the affidavit filed in support of the Writ Petition that the petitioner joined the services of Manapparai Municipality as Junior Assistant on 10.2.1999. The third respondent has initiated disciplinary proceedings under Rule 8, Clause 2 of the Tamil Nadu Municipal Service Discipline and Appeal) Rules, 1970. According to the charge memo, the petitioner had grant licence to run a fruit and vegetable market without getting maintenance fee during the year 1997-98 and consequent upon the same, the Municipality had sustained a loss of Rs. 1,08,903/-. The petitioner had submitted his explanation and the third respondent has accepted the same and dropped the further proceedings in pursuant to the said charge memo.

(2.) The third respondent, by the order dated 2.9.2002, has placed the petitioner under suspension, alleging that he had acted in violation Municipal Service Rules. By the charge memo dated 11.9.2002, six charges were framed against the petitioner. Charge No. 1 pertains to inaction on the part of the petitioner to follow up and take further action in respect of the Court Cases. The petitioner has submitted his explanation. Thereafter, the petitioner has filed a Writ Petition, challenging the disciplinary proceedings and this Court vide order dated 22.3.2005 in W.P. No. 1577 of 2005, has directed the third respondent to complete the enquiry within a period of two months from the date of receipt of a copy of that order.

(3.) Thereafter, enquiry was offing and an Enquiry Officer was appointed and the petitioner has offered his explanation on 24.6.2005. Since, no orders have been passed on completion of enquiry, the petitioner once again filed a Writ Petition in W.P.(MD) No. 9312 of 2005 praying to direct the third respondent to pass orders on the enquiry proceedings and this Court by the order dated 30.11.2005 directed the respondents to complete the enquiry within a period of two months from that date of receipt of a copy of that order.