A.BHARATHI Vs. PRINCIPAL SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The short issue raised by the writ petitioner is whether or not the second charge memo can be filed on the very same set of allegations levied against him.

(2.) The petitioner was appointed on compassionate ground as a junior assistant in the Government Arts College for Women, Pudukottai, on 16.08.1986. She completed her probation on 16.08.1984. The writ petitioner availed Maternity Leave from 01.06.1988 to 29.08.1988 and also leave on loss of pay from 30.08.1988 to 22.11.1988. After returning for duty, she was informed that her post in the college was filled up and she was thus reposted to Arignar Anna Government Arts College, Musiri. The writ petitioner rejoined duty at Musiri on 23.11.1988 and worked till 04.12.1988. The writ petitioner then applied for medical leave from 05.12.1988 till 23.12.1988 and left on loss of pay on several occasions for over one year from 24.12.1988 to 31.10.1990, due to her ill health.

(3.) A notice was then issued to the petitioner by the Principal of the Arignar Anna Government Arts College, Musiri, asking her to show-cause for her leave of over a year. On 26.11.1991, the writ petitioner was dismissed from service by the Principal, Arignar Anna Government Arts College, Musiri, with effect from 01.11.1990, without conducting any enquiry and without following the procedures given in Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955. On 08.03.1996, the writ petitioner submitted an appeal to the Director of Collegiate Education against the dismissal of service. The writ petitioner also submitted a petition before the Principal Secretary to the Government, Higher Education. The Director of Collegiate Education rejected the appeal filed by the writ petitioner claiming that the appeal was delayed. The Principal Secretary to the Government, Higher Education, considered the petitioner's appeal under Rule 36 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and also consulted the Tamil Nadu Public Service Commission for their opinion.