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2022 Supreme(Mad) 54

M.S.RAMESH
V. Kumar – Appellant
Versus
Deputy Commissioner (Works), Greater Chennai Corporation, Chennai – Respondent


Advocates Appeared:
For the Appellant :M. Ravi, Advocate.
For the Respondent: Karthikaa Ashok

JUDGMENT :

Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records on the file of the respondent herein in his proceeding G.D.C.No.E4/8210/2008 dated 18.09.2017 of the respondent and to quash the same and to issue direction to the respondent to reinstate the petitioner in service with all consequential benefits.

1. The present Writ Petition is heard on 23.12.2021.

2. Through the impugned order dated 18.09.2017, the petitioner, who was employed as a Junior Engineer under the Chennai Corporation was dismissed from services on the basis of the inquiry report received from the Tribunal for Disciplinary Proceedings (TDP) in TDP Case No.19 of 2012, by the Deputy Commissioner of Greater Chennai Corporation, who is the respondent herein. The order of dismissal is challenged by the learned counsel for the petitioner, predominantly on three grounds.

2.1 Firstly, the Authority Competent to impose a penalty in respect of the officers of the Municipal Corporation would be the Commissioner under Rule 10(c) of the Tamil Nadu Civil Services (Disciplinary Proceedings Tribunal) Rules, 1955 [hereinafter ref

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