LAWS(MAD)-2019-11-109

D. GANESAN Vs. CHAIRMAN SPECIAL OFFICER

Decided On November 11, 2019
D. Ganesan Appellant
V/S
Chairman Special Officer Respondents

JUDGEMENT

(1.) The petitioner has filed the above writ petition for a writ of certiorarified mandamus to call for the records in pursuance of the impugned order of termination passed by the 1st respondent dated 25.05.2002 and the appellate order passed by the 2nd respondent dated 25.06.2003 and quash these orders and consequently to direct the respondents to reinstate the petitioner in service with full back wages and other consequential service benefits.

(2.) The petitioner was working as the Principal of Dharmapuri District Co-operative Sugar Mills Polytechnic and he was placed under suspension by the 1st respondent vide proceedings dated 13.10.1997 on the ground that enquiry against him is pending under Section 42 of the Special by-laws. The following charges were framed against the petitioner :

(3.) Out of the 9 charges framed against the petitioner, except charge Nos. 3 and 7, all the other charges were proved. Consequent to the charges having been proved, inquiry report was examined and show cause notice, dated 18.09.2001, was issued to the petitioner, proposing the punishment of dismissal. Since the reply submitted by the petitioner was not satisfactory, a personal hearing was conducted on 28.03.2002, giving him an opportunity to defend himself from the charges. Subsequently not satisfied with the explanation given by the petitioner, he was dismissed from service by the 1st respondent, vide his proceedings dated 25.05.2002. Thereafter, the petitioner preferred an appeal before the Appellate Authority, challenging his dismissal and the Appellate Authority also confirmed the order of dismissal.