R.KUMAR Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) Challenge in this Writ Petition is to the charge memo issued by the first respondent dtd. 22/12/2014.

(2.) The case of the petitioner is that he is working as an Upgraded Assistant in Theni District Employment Office from 30/5/2002. While he was working as Junior Assistant in the second respondent office, a case in Crime No.1 of 1994 was registered by the Vigilance and Anti Corruption Department, Ramanathapuram stating that one Murugesan, the complainant in the above case, earlier registered his name in the Employment Exchange and after expiry of 3 years, he applied for renewal of registration, for which, the petitioner and one Baskaran demanded a sum of Rs.300.00 as bribe. After investigation, the said case was taken on file as C.C.No. 70 of 1995 and the same ended in acquittal, by judgment dtd. 17/4/2002. In an appeal preferred by the State against the judgment of acquittal, this Court passed an order setting aside the order of acquittal and remanding the matter back to the Trial Court for fresh consideration. On remand, the Trial Court imposed conviction and sentence on him, against which, the petitioner preferred an appeal and finally, the said case ended in acquittal and thereafter, no appeal was filed by the State and the same attained finality.

(3.) When that being the position, on 17/4/2006, for the above said case, the second respondent initiated departmental proceedings against the petitioner and issued a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules [for brevity, 'the Rules']. On receipt of charge memo, he sent a detailed reply, but, not satisfied with the same, a departmental enquiry was conducted appointing an Enquiry Officer. Though the enquiry officer conducted enquiry, so far, no order has been passed on the departmental proceedings.