2021 Supreme(Online)(MAD) 45634
IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved On 21.09.2021 Pronounced On 15.11.2021 CORAM THE HON'BLE MR.JUSTICE C.SARAVANAN W.P.No.19570 of 2020 and W.M.P.No.24185 of 2020 (Through Video Conferencing)
D.Asokan ... Petitioner Vs.
1. The Principal Secretary to Government Planning, Development & Special Initiative (OPI) Department, Fort St.George, Chennai – 9.
2. The Deputy Secretary to Government, Planning, Development & Special Initiative (OPI) Department, Fort St.George, Chennai – 9.
3. The Additional Chief Secretary to Government Planning, Development & Special Initiative (OPI) Department, Fort St.George, Chennai – 9. ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus calling for the records of the third respondent in his Office Proceedings No.234/PD&SI (OP.I) 2019 dated 16.09.2019 and confirmed by the same respondent in GO (D) No.4 Planning, Development and Special Initiatives (OP.I) Department dated 16.11.2020 and quash the same and direct the respondents to reinstate the petitioner into service and grant him all consequential service and monetary benefits and grant such other further relief.
For Petitioner : Mr.K.Venkataramani : Senior Counsel : For Mr.M.Muthappan For Respondents : Mr.L.S.M.Hasan Fizal Government Advocate
ORDER
The petitioner was a driver in the Secretariat. The petitioner had caused an accident on 16.02.2018 and damaged four other vehicles parked at the Secretariat. The accident took place when the petitioner was manoeuvring the Honda City Car bearing registration No.TN04 AG0011 belonging to Secretary to Government, Planning Development & Special Initiative Department.
2. The petitioner was therefore placed under suspension on
19.02.2018 by Principal Secretary to the Government. Thereafter, a Charge Memo dated 06.03.2018 was also issued by the Principal Secretary who is the highest authority in the Department.
3. The allegations against the petitioner was that the petitioner had attempted to manoeuvre Honda City Car bearing registration No.TN04 AG0011 in an inebriated condition and not only damaged the said car but other cars which were parked at the premises.
4. The Following eight charges were framed against the petitioner in the Charge Memo on 06.03.2018.
Charge-I That the said Thiru.D.Asokan, Driver, Planning, Development and Special initiatives Department while functioning as Driver was found drunk in the office premises on 16.02.2018 thereby violating Rule 21 of the Tamil Nadu Government Servant's Conduct Rules 1973.
Charge-II That during the aforesaid period and while functioning in the aforesaid office, the said Thiru D.Asokan, Driver, Planning, Development and Special Initiatives Department was in an inebriated condition during duty/working hours thereby violating Rule 21 of the Tamil Nadu Government Servants Conduct Rules 1973.
Charge-III That during the aforesaid period and while functioning in the aforesaid office, the said Thiru D.Asokan, Driver, Planning, Development and Special Initiatives Department, operated the Honda City Vehicle No.TN04 AG 0011, attached to the P.D & S.I Department on 16.02.2018 during office hours, in an irresponsible and improper and dangerous manner owing to intoxication.
Charge-IV That during the aforesaid period and while functioning in the aforesaid and while functioning in the aforesaid office, the said Thiru D.Asokan, Driver, Planning, Development and Special Initiatives Department, operated the Honda City vehicle no.TNo4 AG 0011 on 16.02.2018 attached to the P.D & S.I Department in a negligent manner and caused extensive damage to the vehicle thereby leading to loss of Government property. Charge-V That the said Thiru D.Asokan, Driver, caused an accident at approximately 4.40 p.m on 16.02.2018 in the car parking area on the backside of the Namakkal Kavignar Maaligai, Secretariat while driving in reverse the Honda City vehicle No.TN04 AG 0011 attached o the P.D & S.I Department caused damage to the Honda City Vehicle No.TN 01 AK 0246 attached to the Secretary to Government, Energy Department leading to loss of Government property.
Charge-VI That the said Thiru D.Asokan, Driver, caused an accident at approximately 4040 p.m. On 16.02.2018 in the car parking area on the backside of the Namakkal Kavignar Maaligai, Secretariat while driving in front the Honda City Vehicle No.TN04 AG 0011 attached to the P.D. & S.I Department caused damage to another vehicle Swift Dzire TN07CC 4801 attached to the National Informatics Centre, which vehicle was parked nearby.
Charge-VII That the said Thiru D.Asokan, Driver, caused an accident at approximately 4.40.p.m on 16.02.2018 in the car parking area on the backside of the Namakkal Kavignar Maaligai, Secretariat while driving the Honda City vehicle No.TN04 AG 0011 attached to the P.D. & S.I Department caused damage to another vehicle TATA Indica TN19-W-1820 attached to the TNEB.
Charge-VIII That during the aforesaid period and while functioning in the aforesaid office, the said Thiru D.Asokan, Driver, Planning, Development and Special Initiatives Department, had behaved in a manner leading to a dangerous situation to passers and by standers with risk of their getting injured which is unbecoming of a Government Servant thereby violating Rule 20 of the Tamil Nadu Go