T.SEKAR Vs. SUPERINTENDENT CENTRAL PRISON-II

JUDGEMENT

(1.) The petitioner was initially appointed as Warder on 27.03.1998. Thereafter, he was promoted as Head Warder and then as Chief Head Warder. The petitioner was placed under suspension by an order of the Superintendent of Central Prison-II, Puzhal, dated 02.05.2018, on the allegation that there was a telecast in Polimer TV on 01.05.2018 showing that the petitioner and another Warder receiving money from one of the inmates of the prison for providing facilities in the prison.

(2.) Thereafter, a charge memo was issued on 08.05.2018 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules by the respondent/Superintendent of Central Prison II, Puzhal, wherein two charges were framed against the petitioner. The charges were framed in respect of the above mentioned allegations. Subsequent to the issuance of the charge memo, an enquiry was conducted. After completion of detailed enquiry, a report was submitted by the Enquiry Officer on 23.02.2019 stating that the charges against the petitioner were partly proved.

(3.) On submission of the enquiry report, a copy was furnished to the petitioner and the petitioner also submitted his explanation to the enquiry report. The Disciplinary Authority, the respondent herein, however passed an order on 19.03.2019 to conduct a re-enquiry and submit a report on the ground that the finding of the Enquiry Officer was not to his satisfaction. The said order ordering re-enquiry by the respondent/Disciplinary Authority is put to challenge in the present writ petition.