K.B.K.VASUKI
B. K. Gunasekaran – Appellant
Versus
State of Tamil Nadu, rep. by the Secretary to Government, Commercial Tax and Regn. Dept. , Chennai and Another – Respondent
The writ petition is directed against the charge memo issued to the petitioner by the second respondent in his proceedings No. 10455/VI/2010 dated 3. 2010.
2. The brief facts relevant herein are set down as follows: The petitioner joined in the service of the first respondent Registration Department as Sub Registrar during 1975 and he was promoted as District Registrar during 1987 and the petitioner was, on the date of his suspension vide G.O. (2D). No. 36 and on the date of issuance of charge memo dated 13. 2010 impugned herein, serving in the cadre of Assistant Inspector General of Registration Coimbatore Zone. The impugned charge memo contains single charge framed under Section 17(b) to the effect, that the petitioner was in the course of his tenure as District Registrar (AIG cadre, Vellore) between 1998-2002 adopted lesser value than the prescribed guide line value in respect of some of the properties thereby caused loss to the tune of Rs. 1,64,832/- to the Government and the same is in contravention amounting to misconduct under Rule 21 of Tamil Nadu Government (Disciplinary & Appeal) Rules. The validity of such Charge memo is questioned herein on the ground as follow
4. Zunjarrao Bhikaji Nagarkar v. Union of India AIR 1999 SC 2881 : (1999) 7 SCC 409 : 2000-I-LLJ-728
9. Special Commissioner and Commissioner of Commercial Taxes, Chepauk
10. State of M.P. v. Bani Singh and Another AIR 1990 SC 1308 : 1990 Supp. SCC 738 : 1990-II-LLJ-529
12. Government of A.P. and Others v. Appalaswamy (2007) 14 SCC 49
115. Inspector Prem Chand v. Government of NCJ of Delhi (2007) 4 SCC 566
116. R. Tirupathy and Others v. District Collector, Madurai District Collectorate
1. State of U.P. v. Brahni Datt Sharma and Another AIR 1987 SC 943: (1987) 2 SCC 179
3. State of U.P. v. N. Radhakrishnan AIR 1998 SC 1833 : (1998) 4 SCC 154;
6. A. Obaidhullah v. State of T.N. 2006-IV-LLJ-216 : 2005 (5) CTC 380
2. Union of India and Another v. Kunisetty Sathyanarayana (2006) 12 SCC 28
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