P.KANNAN Vs. ENGINEER IN CHIEF (BUILDINGS)

JUDGEMENT

(1.) Challenge in this Writ Petition is to the charge memo issued by the respondent dtd. 27/11/2017.

(2.) The case of the petitioner is that he joined in service as Junior Engineer in the Public Works Department in the year 1986 and he was re-designated as Assistant Engineer in the year 1994 and promoted as Assistant Executive Engineer in 2009. While so, a charge memo dtd. 27/11/2017 came to be issued alleging that while he was working in Manjalaru Basin Sub Division at Theni between June, 2009 and August, 2012, he had not properly followed the Rules and the measurements were not entered in a proper manner in the measurement books and thereby, the department has incurred loss to the tune of Rs.7,93,737.00 and as per the charge memo, the petitioner has executed 36 projects during his tenure as Assistant Executive Engineer, out of which, 10 projects have not been properly incorporated in the measurement book, because of which, the department has incurred loss to the tune of Rs.7,93,737.00. He has also submitted his explanation for the charge memo on 9/3/2018. There was no progress thereafter.

(3.) The learned counsel for the petitioner submitted that the charges related to the period between June, 2009 and August, 2012. But, the respondent issued a charge memo in 2017 nearly after lapse of eight years and for such a huge delay, there was no acceptable explanation given by the respondent. Further, in respect of the first charge, out of 36 projects executed by the petitioner, the allegations were made only with regard to 10 projects, which itself shows that the measurements were not taken properly and the depreciation and damage to the constructions over a period of five years have not been taken into consideration. Inviting the attention of this Court to the judgment in T.Ravindran v. The Government of Tamil Nadu and Others [2014 Writ L.R.1094], the learned counsel prays to quash the charge memo on the ground of delay.