I.ROBERT SINGH Vs. PRINCIPAL SECRETARY

JUDGEMENT

(1.) The charge memo dated 14.05.2015, issued by the first respondent is under challenge in the present writ petition.

(2.) The writ petitioner is holding the post of Assistant Medical Officer (Siddha), in the Government Hospital at Kuzhithurai, Kanyakumari District. The name of the writ petitioner was included in the panel for promotion to the post of Lecturer (Siddha) vide proceedings of the first respondent dated 04.07.2008. The writ petitioner had relinquished his promotion at that point of time. Thereafter, he is continuing as Assistant Medical Officer (Siddha).

(3.) The first respondent, based on a complaint, issued a show-cause notice, vide proceedings dated 03.02.2010, under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, (hereinafter, referred to as "the Discipline and Appeal Rules") directing the writ petitioner to submit his explanations in support of the allegations set out in the show-cause notice. The writ petitioner submitted his explanations denying the allegations. Thereafter, no final order has been passed. The District Siddha Medical Officer also forwarded the explanations submitted by the writ petitioner and recommended for exoneration of the case of the writ petitioner. However, no final order has been passed in the 17(a) charges. Under these circumstances, the impugned charge memo has been issued after a lapse of five years vide proceedings dated 14.05.2015, under Rule 17(b) of the Discipline and Appeal Rules.