O R D E R

The sole writ petitioner, deceased T.V.Pallanee while functioning as Municipal Commissioner, Tambaram Municipality, was served with Charge memo on 30.12.1998 under Rule 17(b) of the Tamilnadu Civil Services (Discipline & Appeal) Rules. The charge memorandum containing two charges framed against the petitioner are as follows:

Charge No.1:

''that Thiru T.V.Palani, while functioning as Municipal Commissioner, Tambaram was responsible for having placed purchase order of Bleaching powder from M/s.The George Town Electrical, Electronics Allied Products and Servicing Industrial Co-operative Society Ltd., Chennai – 79 (discussed in Annexure of this memorandum) in volation of the procedure laid down in G.O.Ms.No.708, Finance (BFE) Department, dated 22.8.1994''.

Charge No.2 :

''that while functioning as Municipal Commissioner, Tambaram, Thiru T.V.Palani has issued purchase order for purchase of bleaching powder (as discussed in charge No.1) at a higher rate of Rs.24.15 per Kg. Without verifying the prevailing market rates at that time in violation of the procedure prescribed in Municipal Manual''.

2. The deceased Municipal Commissioner had submitted his detailed defence statement on 18.6.1999, whereby he denied the charges levelled against him. It is the specific explanation made by the deceased petitioner that by invoking the emergency provisions under Section 15 of the Tamil Nadu District Municipalities Act, 1920, he purchased bleaching powder since there was a suspected outbreak of Cholera. Due to sudden outbreak of Cholera, the decision was taken to purchase bleaching powder from George Town Electrical Electronic Allied Products and Servicing Industrial Co-operative Society Ltd.

Therefore, there is no irregularities on the part of the deceased petitioner.

3. In sofar as the Charge No.2, the deceased petitioner has submitted an explanation before the enquiry officer that he has not committed any irregularities since bleaching powder has been purchased routinely from the aforesaid Society and the rates of the Society was much lower than the prevailing market rate. It is also explained before the authority, in the normal course, preference will be given to Society for the purchase of materials. Therefore, in good faith, in order to prevent outbreak of Cholera, the deceased petitioner by invoking emergency provisions under Sec.15 of the Tamil Nadu District Municipalities Act, 1920, purchased bleaching powder from the aforesaid Society. Based on the aforesaid explanation given by the writ petitioner, the enquiry officer found that both the charges were not proved against the deceased petitioner and submitted a report to the first respondent. However, the first respondent disagreed with the findings of the enquiry officer and consequently, issued show cause notice by proceedings, dated 1.4.2003 and the petitioner submitted detailed explanation. Subsequently, the first respondent has passed the final order by imposing punishment of Rs.200/- cut-in Pension of the petitioner for a period of one year. The said order is under challenge in the present writ petition.

4. Counter affidavit has been filed on behalf of the respondents wherein it is stated that after following the due procedure laid down in the said rules, punishment order has been passed imposing a punishment of cut-in pension of Rs.200/- per mensum for one year form the pensionery benefit of the petitioner for the proven charges. Further, it is stated that there was no justification recorded for the purchase of huge quantity (3.00 Metric Tonne) of bleaching powder under Sec.15 of the Tamilnadu District Municipalities Act, 1920. Moreover, there was no necessity to purchase bleaching powder in huge quantity (3000 Kgs.) incurring an abnormal expenditure of Rs.72,450/- in a day under Sec.15 of the said Act. In view of the proven charges and after obtaining views of the Tamil Nadu Public Service Commission, punishment was imposed on the petitioner and therefore, there is no irregulari