S. SATHYANARAYANAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The petitioner, aggrieved by the proceedings of the 1st respondent, confirming the order of his removal from service, passed by the 2nd respondent, is before this Court filing the present petition.

(2.) The petitioner was originally appointed as Junior Assistant on 4/10/1972 in the Tamil Nadu Medical Ministerial Service and posted in the Government Hospital, Villupuram. The petitioner was, thereafter, promoted as Assistant on 18/4/1988 and in the year 1995, he was transferred to the Institute of Mental Health, Chennai and was working there. On 12/1/2001, the petitioner was placed under suspension in contemplation of disciplinary proceedings under rule 17 (B) of the Tamil Nadu Civil Services (D and A) Rules and, thereafter, he was issued with a charge memorandum containing 8 articles of charges. The substance of the charges relate to misappropriation of money by the petitioner while he was working in the Institute of Mental Health to the tune of few lakhs.

(3.) Although the petitioner denied the charges, an enquiry was initiated and a report was submitted holding that the charges were proved. After obtaining explanation from the petitioner, the disciplinary authority, the 2nd respondent herein, by his proceedings dtd. 27/7/2007, imposed the penalty of removal from service. Aggrieved by the penalty imposed, the petitioner preferred a statutory appeal on 19/2/2008 before the 1st respondent. However, the appeal was not disposed of within a considerable time and, therefore, the petitioner approached this Court by filing W.P. No. 19847/08 and this Court disposed of the writ petition on 14/8/2008 directing the 1st respondent to dispose of the appeal. Thereafter, the 1st respondent passed G.O. (D) No. 1064 dtd. 22/10/2010 rejecting the appeal by confirming the order of the disciplinary authority. The orders passed by respondents 1 and 2 are put to challenge in this writ petition.