Rmt. Teekaa Raman, J.

1. The unsuccessful respondent in W.P.No.29413 of 2008 viz., The Registrar, University of Madras, has preferred this writ appeal against the order dated 19.04.2012 passed by the learned Single Judge in W.P.No.29413 of 2008.

2. The respondent herein/writ petitioner has filed the above writ petition seeking to quash proceedings/impugned order passed by the appellant-University of Madras [In short the appellant Institution] in No.F.1 (A)/ESTT/DISCIP/2008/2290 dated 07.03.2008 and to reinstate the writ petitioner in service with back wages and continuity of service.

3. The brief facts, which are necessary for determination of the appeal, are as follows:-

[i] The respondent herein is an employee of the appellant Institution and working as an Assistant Section Officer (SG), PG Admissions III Section at the Institute of Distance Education. A Journalist by name Ms. Dhanya Rajendran and camera man Mr. Manish Dhanani from “Times Now” News Channel have conducted a sting operation on 18.04.2006 so as to expose the alleged paper chasing scam in the appellant institution. The alleged conversation between the respondent herein and the said Media persons were said to be recorded through a hidden camera during the sting operation and the same was edited and the video clippings were telecasted in the “Times Now” News Channel on 25.04.2006. In this regard, various News Papers have published the news items.

[ii] The appellant institution has desired to initiate Disciplinary Proceedings against the respondent herein based on the telecast made by “Times Now” News Channel and the reports published in various News Papers. Accordingly, the appellant institution vide Official Communication No. VC/REGR/2006/391, dated 26.04.2006, placed the respondent herein under suspension in view of Rule 17 (e) of Tamil Nadu Civil Services (Discipline & Appeal) Rules as an enquiry into the grave charges under Rule 17 (b) is contemplated. The respondent has submitted his representation dated 29.06.2006 to the appellant institution whereby he has requested to revoke the order of suspension. As the appellant institution did not consider his representation, the respondent herein has approached this Court in W.P. No. 25586 of 2006 with a prayer to direct the appellant institution to consider the representation dated 29.06.2006. This Court, by an order dated 18.08.2006, has directed the appellant institution to consider the representation in respect of revoking the order of suspension within the period of four weeks and further directed to frame necessary charges and pass final orders in accordance with law within a period of twelve weeks.

[iii] The appellant institution has failed to comply the directions issued by this Court in W.P.No.25586 of 2006 and hence, the respondent herein had once again approached this Court by filing a writ petition in W.P.No.24995 of 2007 with a prayer to quash the proceedings of the appellant institution in Official Communication No. VC/REGR/2006/391, dated 26.04.2006. This Court, by an order dated 24.08.2007, has appointed one Mr. Deena Dayalan, Law Secretary (In-charge) Government of Tamil Nadu, as enquiry officer and directed him to complete the enquiry within a period of four months from the date on which he takes up the enquiry. The enquiry officer has commenced the enquiry on 18.10.2007 by issuing notice of enquiry. The enquiry report was communicated to the respondent herein through an Official Communication No. F1(A)/ESTT/2008/1965 dated 22.01.2008. The respondent has submitted his further representation dated 07.02.2008 on the enquiry report which was acknowledged by the appellant institution on 08.02.2008. Thereafter, the appellant institution has passed final orders vide Official Communication No. F.1(A)ESTT/DISCIP/2008/2290, dated 07.03.2008, in and by which, the respondent herein was imposed with a major punishment of compulsory retirement under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline &