JAWAHAR SANTHAKUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition has been filed by the petitioner, praying to issue Writ of Certiorarified Mandamus, to call for the records from the file of 1st respondent in connection with the orders passed by him in Letter No.6010/Spl.A/98-21, dtd. 13/11/2008 and G.O.Ms.No.1125 Public (Special-A) Department dtd. 26/11/2011, quash the same and consequently, direct the respondents to reinstate the petitioner with all monetary and service benefits.

(2.) The brief facts which gave rise to the filing of the Writ Petition, are stated hereunder:

(3.) Shri K.Venkataramani, learned Senior Counsel appearing for the petitioner would submit that without touching upon various grounds raised in support of the Writ Petition, he would confine his arguments only in regard to the letter of Disciplinary Authority dtd. 13/11/2008 which is also impugned in the Writ Petition, wherein, the Disciplinary Authority has decided to deviate from the findings of the Enquiry Officer and to hold the charges as proved, as according to him, such course adopted by the Disciplinary Authority is in complete violation of the established principles of natural justice and also contrary to the legal principles as laid down by the Hon'ble Supreme Court in number of decisions. He would therefore, urge this Court to interfere with the procedure adopted by the Disciplinary Authority in not giving any opportunity to the petitioner to explain and submit his representation in support of the favourable findings rendered by the second respondent Tribunal. The Disciplinary Authority has straight away concluded that the charges framed were proved without putting the petitioner on notice to explain his stand in regard to the findings of the Disciplinary Authority.