The limited scope of Judicial Review in interfering with the quantum of punishment imposed by the Competent Authority.

JUDGMENT

(Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the orders in (1) Pro.Na.Ka.No.6725/05/J1(4) dated 16.08.2010 of the second respondent and (2) G.O.Ms.No.56, Tamil Development, Religious Endowments and Information (RE2-1) Department, of the first respondent dated 13.02.2013 to quash the said orders and to issue consequential directions to the respondents to declare that the petitioner shall be deemed to have retired from service on 30.06.2013 with all consequential retirement and pensionary benefits and disburse those benefits with interest for the delay.)

The order of dismissal from service is under challenge in the present writ petition. A consequential direction is sought for to declare that the petitioner shall be deemed to have retired from service on 30.06.2013 with all retirement and pensionary benefits.

2. The writ petitioner joined as Junior Assistant on 22.02.1984 in the Hindu Religious and Charitable Endowments Department and promoted to the post of Assistant in the year 1994. The departmental disciplinary proceedings were initiated against the writ petitioner under Rule 17(b) of the Tamil Nadu Civil Services Discipline and Appeal Rules in proceedings dated 30.04.2008 and the following charges are framed against the writ petitioner:-

"(a) Absence from duty for 1041 days between 14.06.2004 and 11.04.2008 intermittently, as per annexure attached.

(b) Disobedience of orders of Higher Authority by not acknowledging receipt of memos dated 26.09.2005, 20.10.2005, 22.05.2006 and 13.06.2006 in File No.739/2005 sent by Regional Audit Officer, Kancheepuram, and by not submitting explanations.

(c) During the intervening periods, when he was on leave as stated above, he had failed to submit Diaries of works done and to submit audit reports.

(d) Caused inconvenience to the functioning of the office by not attending to his duties and being absent without getting permission and without any reason."

3. The learned counsel for the petitioner made a submission that the petitioner was suffering from heart ailments and was undergoing medical treatment during the relevant point of time. The petitioner states that he was unable to peruse the relevant records and submit his explanations in respect of the charges in time. The third respondent appointed an Enquiry Officer and the said Enquiry Officer conducted the enquiry. The petitioner states that he explained the fact before the Enquiry Officer regarding his heart ailments as there was a block in the blood vessels. The petitioner stated that he was frequently admitted in the Hospital for taking treatment. With reference to other charges also, the petitioner defended his case before the Enquiry Officer.

4. The petitioner himself has stated that the Enquiry Officer provided an opportunity to peruse the relevant documents relating to the charges. However, the petitioner replied by stating that he did not want to peruse any of the documents and further he has not produced any documents on his side. Based on the materials available on record and affording opportunity to the delinquent official, the Enquiry Officer submitted his report and the Disciplinary Authority passed an order dismissing the services of the writ petitioner. The petitioner preferred an appeal and the said appeal was also rejected by the Appellate Authority.

5. The learned counsel for the petitioner mainly contended that the petitioner was not intentionally absented from duty. He was suffering from heart ailments during the relevant point of time and he had submitted those facts before the Enquiry Officer. However, the Enquiry Officer had not considered the fact regarding the ailments and thus the impugned order of dismissal from service and the consequential appellate order, are liable to be set aside.

6. The learned Special Government Pleader appearing on behalf of