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2010 Supreme(Mad) 879

M.JAICHANDREN
V. Ramesh Kumar Typist, Coimbatore – Appellant
Versus
The State of Tamil Nadu Rep. By Its Secretary To Government Chennai & Others – Respondent


Advocates Appeared:
For the Petitioner:Hidayathulla Khan, Advocate.
For the Respondents:R. Murali, Government Advocate.

Judgment :-

The petitioner has stated that he had joined, as a Typist, through the Tamil Nadu Public Service Commission, on 28.5.1990. During the year, 2001, while the petitioner was working in the office of the Director General of Prison, Chennai, the petitioner was on leave due to ill-health. On 18.7.2001, the petitioner had been transferred and posted at the Central Prison, Coimbatore. While so, he had applied for leave, in short spells, from 15.10.2001 to 5.2.2002. Again, from 3.4.2002 to 5.4.2002, the petitioner had applied for leave. Thereafter, since, the petitioner had been absent from 6.4.2002, without applying for leave, a charge memo, under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, had been issued by the fourth respondent, on 9.5.2002.

2. The allegation in the charge memo was that the petitioner had, unauthorisedly, absented himself from duty, from 6.4.2002. The said charge memo had been served on the petitioner, on 23.5.2002. Thereafter, an enquiry officer had been appointed and an exparte enquiry was conducted, on 6.9.2002. After conducting the enquiry, the enquiry officer had held that the charge levelled against the petitioner had been


















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