V.SHANMUGHASUNDARAM Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) This petition has been filed by the petitioner to call for the records relating to the impugned order of the 2nd respondent in Rc.144786/08 DA3 dated 12.02.2009 as confirmed by the impugned order of the first respondent in Letter No.22652/CL2/2012-5 dated 29.01.2013, quash the said orders as illegal arbitrary, unjust and unsustainable in law consequently directing the respondents 2 to 4 herein to implement the order of the first respondent in letter No.6572/C.L.2/09-8 dated 19.02.2010 by reinstating the petitioner in service with all the monetary and service benefits including increments and promotions to which petitioner is entitled to in law.

(2.) The writ petitioner was appointed as Junior Inspector of Cooperative Societies under Rule 10(a)(1) of the General Rules of the Tamilnadu State and Subordinate Service and subsequently the writ petitioner was deputed as Special Officer in the Kurumba Palayam Primary Agricultural Cooperative Bank and two other Primary Agricultural Cooperative Banks. Thereafter, the petitioner was terminated from the service by the Deputy Registrar, Coimbatore with effect from 11.08.1987 for certain serious irregularities and malpractices committed by him. Thereafter, the petitioner filed O.A.No.2565/1996 before the Tamil Nadu Administrative Tribunal to direct the 1st respondent to dispose the appeal preferred by the petitioner and an order was passed on 14.05.1996 in O.A.No.2565/1996 to dispose of his appeal dated 23.02.1990 within a period of six weeks.

(3.) Thereafter, on 11.07.1996, the Registrar, Cooperative Societies sent a letter to the petitioner, informing him that according to Rule 10(a)(1) of the General rule for Tamil Nadu State and Suboridnate service Rules, the service of a person appointed temporarily can be terminated at any time without any notice and without any reason from the service and hence the petitioner's temporary service was terminated with effect from 11.08.1987. In view of the above provisions and as per instruction of the Government issued in G.O.Ms.No.901, Personnel and Administrative Reforms Department dated 01.09.1994, the disciplinary action initiated against the petitioner under Tamil Nadu Civil Services (Discipline and Appeal) Rules in memo Rc.No.73/1987 dated 18.06.1987 of the Deputy Registrar, Coimbatore has been deferred. In as much as the charges have not been disposed of. Moreover, no appeal petition dated 23.02.1990 referred to in the judgment dated 14.05.1996 of the Tamil Nadu Administrative Tribunal are pending with Registrar. This fact also informed to the Additional Standing counsel, Tamil Nadu Administrative Tribunal in Registrar letter dated 11.07.1996.