P. KARUTHATHURAI Vs. PRINCIPAL SECRETARY TO GOVT., HOME

JUDGEMENT

(1.) This writ petition has been filed by the petitioner to quash the impugned proceedings issued by the third respondent in ROC No. 387/2010 TDP 24/2010 dated 13.12.2010 and ROC No. 388/2010/A1 TDP 25/2010 dated 13.12.2010 and now transferred to the file of the fourth respondent in ROC No. A2/19/2012 (TDP Nos. 11 of 2012 and 12 of 2012) and to consequently direct the first and second respondents to promote the petitioner to the post of Superintendent retrospectively with effect from 2013 on par with his juniors and to grant the petitioner all consequential attendant benefits.

(2.) The case of the petitioner is that he joined the respondent Transport Department on 07.08.1992 as Junior Assistant. He was promoted as Assistant on 03.02.2006. As per the Special Rules for Tamil Nadu Ministerial Services and as per the Government Orders, an Assistant working in the Transport Department becomes eligible for promotion as Superintendent, on completion of posting as Accountant for a period of one year in any RTO Office and two years service in STA/STAT/DTC/JTC/AAO offices. The petitioner states that an anonymous complaint was made against him, which led to enquiry by the Director of Vigilance and Anti Corruption. After enquiry, the Director has observed that the petitioner cannot be prosecuted in the eye of law, as against the allegations made against him. But, the Government has recommended for initiating disciplinary proceedings against the petitioner before the Tribunal for Disciplinary Proceedings, stating that during the petitioner's tenure as a public servant between 01.01.1999 and 30.09.2003, the petitioner has been in possession of assets and pecuniary resources in his name and his wife's name and others and purchased house site in the name of his wife, without intimating the same to the Department and thereby the petitioner violated Rule 7(1)(a) of the Tamil Nadu Government Service Conduct Rules, 1973 and consequent thereupon, the third respondent framed charges against the petitioner in ROC No. 387/2010 TDP 24/2010 dated 13.12.2010 and ROC No. 388/2010/A1 TDP 25/2010 dated 13.12.2010, on the said premise.

(3.) It is further stated that the petitioner filed a writ petition before this Court in W.P.(MD)No.3753/2018 seeking a direction to the authorities to promote him to the post of Superintendent in the Transport Department, without any reference to the pendency of the Disciplinary Proceedings, with retrospective effect, ie., from 28.06.2013, the date on which the juniors of the petitioner were promoted, and also to pay the benefits to the petitioner, and the said writ petition is pending disposal before this Court.