JUDGMENT

DR.G.JAYACHANDRAN,J.

AND SUNDER MOHAN,J.

The Writ Appeal is preferred by the State being aggrieved by the order of the learned Single Judge, who has allowed the writ petition filed by the respondent.

2. The brief facts of the case are that:-

(i) The respondent herein while serving as a Joint Commissioner in Hindu Religious and Charitable Endowments Department, Trichirappalli alleged to have appointed temporary staffs on daily wages for the non sanctioned post. Charges were framed under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and enquiry was conducted. The substance of the charges is that the respondent while working as Joint Commissioner of HR & CE, Trichirappalli had made irregular appointments in the temples under his control, which is contrary to Section 55 of the Hindu Religious and Charitable Endowments Act, 1959 (hereinafter referred to as 'HR & CE Act').

(ii) Without being vest with the power to create a new post in the Department, the delinquent has created the new post and also appointed 13 persons and thereby abused his position. Further, having created new post without power had appointed staffs and not informed to the Commissioner,