Unauthorized purchase and settlement of Government property without prior approval by a disciplined government servant constitutes a serious Code of Conduct violation warranting proportionate disciplinary punishment, balancing proven charges with mitigating undertakings.

(Delivered by R.SURESH KUMAR, J.)

This intra Court appeal has been directed against the order passed by the Writ Court dated 09.08.2023 made in W.P.No.4021 of 2015.

2. The respondent/writ petitioner was working as a Head Constable in Vazhapandal Police Station, Vellore District. While so, disciplinary proceedings were initiated against him by serving a charge memo under Rule 3(b) of the Tamil Nadu Police Subordinate Services (Discipline and Appeal) Rules on 14.05.2013 consisting of three charges. The three charges have been extracted by the learned Writ Court and therefore we are not extracting the same.

3. After getting explanation and not being satisfied with the same, the employer appointed an enquiry officer and the enquiry went on. Based on the enquiry report, as all the charges framed against the delinquent / respondent have been proved according to the enquiry officer, the disciplinary authority imposed the punishment of compulsory retirement against the respondent/writ petitioner by order dated 20.12.2013. As against the said order, the delinquent preferred an appeal before the second respondent, who also confirmed the punishment by order dated 11.01.2014. A further appeal was preferred before the first respondent, who also confirmed the order passed by the disciplinary authority by his order dated 05.12.2014. Challenging all these orders, the delinquent/respondent approached this Court by filing the said writ petition.

4. The learned Judge, who dealt with the said writ petition, has allowed the writ petition by setting aside the order of punishment on the ground of disproportionate punishment and modified the punishment into withholding of increment for one year without cumulative effect and further directed the appellant/employer to reinstate the petitioner into service with service continuity and full back wages and arrears of salary to be settled within a period of twelve weeks from the date of the order.

5. Assailing the said order, Mr.Alagu Goutham, learned Government Advocate would contend that, first of all the land in question which was meddled with by the delinquent is a Government Poramboke land. As the writ petitioner being a Government servant, that too from the disciplined force, ought not to have meddled with the Government Poramboke land by creating documents, that too unregistered and ultimately settled the property in favour of his wife through a registered document and therefore, the delinquent had violated the Code of Conduct.

6. Moreover, if at all any immovable property is to be purchased by a Government servant, as per the Rules which is in vogue, prior permission ought to have been obtained by the respondent/writ petitioner and such a permission since was not obtained, he has committed violation of Code of Conduct Rules on that aspect also. Therefore, all the three charges, after a full fledged enquiry since have been proved, the punishment of compulsory retirement imposed on the delinquent is commensurate with the said charges. However, the said punishment has been interfered with by the writ Court on the ground that the transaction of purchasing the property and settling the same in favour of the wife of the delinquent is a private affair between the family members and therefore it has nothing to do with the official duty. That was the reason given by the learned Judge for taking a lenient view against the respondent / writ