The departmental enquiry must provide an equal opportunity to the delinquent to put forth his case and cross-examine witnesses. The evidence presented must be trustworthy, and the charges must be proved based on credible evidence.

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 of the first respondent in connection with the impugned order passed by him in Na.Ka.No.2970/03/PR.1, dated 01.02.2012, confirmed by the second respondent in Na.Ka.No.1865/2009/A5, dated 22.06.2012 and further confirmed by the third respondent in G.O.D.No.29, Municipal Administration and Water Supply (PR.4) Department, dated 20.01.2016 and quash the same and direct the respondents to reinstate the petitioner into service and grant him all consequential service and monetary benefits.)

1. The Writ Petition has been filed for issuance of a Writ of Certiorarified Mandamus seeking interference with the order of the first respondent/District Collector, Thanjavur, dated 01.02.2012 in Na.Ka.No.2970/03/PR1, which was confirmed by the second respondent/Director of Town Panchayat, Chennai, by order dated 22.06.2012 in Na.Ka.No.1865/2009/A5 and further confirmed by the third respondent/Principal Secretary to Government, Municipal Administration and Water Supply (PR.4) Department, Chennai in G.O.(D).No.29, dated 20.01.2016 and to consequently direct the respondents to reinstate the petitioner into service and grant him all consequential service and monetary benefits.

2. The petitioner had been appointed as Jeep Driver in the office of the Assistant Director of Town Panchayat, Thanjavur Zone, Thanjavur on 23.07.1995. After approaching the Tamil Nadu Administrative Tribunal for necessary relief, his services were finally regularised by order passed in G.O.(2D).No.105, Municipal Administration and Water Supply Department, dated 27.10.2009 by relaxing the service Rules.

3. The petitioner claims that he had passed Xth Standard examination and therefore, he is eligible for appointment as Jeep Driver, quite apart from the fundamental requirement of holding driving licence. To drive the jeep or any other vehicle of his Department, the minimum qualification was 8th Standard pass.

4. In the midst of this, in the year 2010, more particularly, an anonymous petition had been submitted to the respondents herein, which prevailed on the first respondent to issue a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, in Na.Ka.No.2970/03/TW1, dated 17.03.2010.

5. The crux of the charge was that the petitioner had submitted false school certificate indicating his educational qualification, and thereby, obtaining employment on the basis of such school certificate, which vitiated his initial appointment itself. It is further contended that, consequent to such submission of the school certificate, he had violated Rule 20(1) of the Government Servants Conduct Rules, which necessitated initiation of proceedings and framing of a charge, which would incur major penalty to be imposed.

6. The petitioner had submitted his explanation on 29.04.2010 and he had also submitted his response to the questionnaire. The copy of the said response has been enclosed as a document to the Writ Petition and on a perusal of the same, it would indicate that the petitioner had very categorically expressed his willingness to submit oral and documentary evidence and also to cross-examine any witness produced on behalf of the respondents and more particularly, to put to test any document produced by the respondents.

7. The only witness who had been named in the charge memo was the Additional Assistant Elementary Educational Officer, Thiruvaiyaru and letter dated 18.11.2009 issued by the said official, was the only document presented. This was the only witness. He should have been produced by the respondents during the enquiry. That letter was the only document which had to be tested in the manner known to law during the course of enquiry.

8. Thereafter, there had been series of enquiry officers who have been appointed. It is seen from the records that originally and Assistant Director and P.A.