Violation of principles of natural justice in the imposition of disciplinary action.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of certiorarified mandamus to call for the records relating to the order passed by the first respondent in G.O.(2D).No.222 Revenue (Ser7(2)) Department dated 16.04.2010 confirming the order of the second respondent dated 31.03.2009 in Procgs.Ser.V(2) 72205/07 and quash the same and to direct the respondents to re-instate the petitioner as Village Administrative Officer with all monetary benefits.)

The relief sought in this writ petition is to call for the records relating to the order passed by the first respondent in G.O.(2D).No.222 Revenue (Ser7(2)) Department dated 16.04.2010 confirming the order of the second respondent dated 31.03.2009 in Procgs.Ser.V(2) 72205/07 and quash the same and to direct the respondents to re-instate the petitioner as Village Administrative Officer with all monetary benefits.

2. The case of the petitioner is that on 28.09.2005, while he was working as Village Administrative Officer at Moongilthuraipattu village, he was suspended for committing delinquency and for corrupt practices and on 30.09.2005, the petitioner has retired from his service. In regard to the delinquency and corruption committed by the petitioner, on 26.06.2006, a departmental enquiry was initiated by the third respondent. Thereafter, on 31.07.2006, a Charge Memo was issued to the petitioner. The three charges which were framed against him are as follows:

(i) He has not got jurisdiction over the reporting of the birth which took place outside his jurisdiction, but, he entertained the information furnished by one Thiru.Narasimhan S/o. Krishnamoorthy, Moongilthuraipattu pertaining to the birth on 12.07.2004 of his grand daughter Kiruthika (daughter of his son Shanmugam and daughter in law Saraswathy) at JIPMER Hospital, Pondicherry and prepared a false Birth Report by falsely mentioned Moongilthuraipattu as a birth place of Kiruthika under column G(2) of the Form-I, of Birth Report, though the said Narasimhan had specifically mentioned JIPMER Hospital, Pondicherry to him as the birth place of Kiruthika and submitted the said false Birth Report to Taluk Office, Sankarapuram on 20.07.2004.

(ii) Being a Public Servant, he has not got jurisdiction over the reporting of death which took place outside his jurisdiction, but, he entertained the information furnished by one Srinivasan S/o. Late Kannan, Moongilthuraipattu pertaining to the death on 19.01.2005 of his father Kannan at the Government Hospital, Pondicherry and prepared a false Death Report by falsely mentioning Moongilthuraipattu as the place of death of Kannan under column (5) (2) of the Form No.2 of the Death Report, though the said Srinivasan had specifically mentioned Government General Hospital, Pondicherry to him as the place of death of Kannan and submitted the said false Death Report to the Taluk Office, Sankarapuram on 24.01.2005.

(iii) Being a Public Servant, he demanded bribe to 9 different persons on 12.04.2004 and obtained the same on 13.04.2004 at his room in Moongilthuraipattu for arranging the Patta. The amount and name of the persons from whom he received bribe are as follows:

2.1. The departmental enquiry conducted by the third respondent was concluded on 11.04.2007. During the enquiry, on the side of the Department, 29 witnesses were examined and 53 documents were submitted and on the side of the petitioner, neither a witness was examined nor a document was submitted.

2.2. On 25.04.2007, the third respondent has submitted the Enquiry Report before the secon