1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2011 CORAM: THE HONOURABLE MR.JUSTICE S.MANIKUMAR W.P.(MD).No.8255 of 2011 P.T.Ramesh ... Petitioner -Vs- 1. The Chairman Tamil Nadu Sales Tax Appellate Tribunal City Civil Court Building 2nd Floor High Court Campus,Chennai – 104. 2. Additional Judicial Member Tamil Nadu Sales Tax Appellate Tribunal (AB) Commercial Taxes Buildings Dr.Thangarajan Salai Madurai - 625 020 3. Tamil Nadu Sales Tax Appellate Tribunal (AB) Rep. by its Secretary Commercial Taxes Buildings Dr.Thangarajan Salai Madurai - 625 020 ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the first respondent to consider the petitioner's review application dated 28.12.2010 to review the order of suspension passed by the first respondent in SC 1/2010, dated 10.11.2010. For Petitioner : Mr.J.Pooventhera Rajan For Respondents : Mr.B.Pugalenthi Special Government Pleader ORDER A driver in the office of the Tamil Nadu Sales Tax Appellate Tribunal, Madurai, placed under suspension, on 10.11.2010 by the Chairman, Tamil Nadu Sales Tax Appellate Tribunal, Chennai, has filed the present Writ Petition seeking for a direction to pass orders on the review petition for restoration of his service. 2. Material on record shows that pursuant to suspension, disciplinary proceedings have been initiated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, in R.C.No. 7886/10/B2, dated Nil.12.2010, to wit that the petitioner has committed the following acts of misconduct:- "Charge I: Thiru.P.T.Ramesh, Driver (under suspension), Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, while functioning as driver in Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, he had applied https://hcservices.ecourts.gov.in/hcservices/ 2 for half a day casual leave on the after-noon, of 13.10.2010 and had left the office by 10.30 a.m., on that day without informing any of the members of the Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai. He did not hand over the keys of the Government Vehicle and not informed about the whereabout of the keys to the members of the Tribunal. Thereby, he simply brushed aside his responsibility in discharging his duty. Charge II: Thiru.P.T.Ramesh, Driver (under suspension), Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, while functioning as driver in Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, he was on un- authorised absence on 14.10.2010 and thereby caused hindrance, and in-convenience to the smooth functioning of the Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai. He had not even bother to inform any one of the officers of the Tribunal about his absence and about handing over the keys of the vehicle. Charge III: Thiru.P.T.Ramesh, Driver (under suspension), Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, while functioning as driver in Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, placed such an intimidating letter in the centre of the office Hall on 15.10.2010, by making aware of that letter to all the officials of the Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai. Later on, he had taken away that letter. He had done that, to threaten the Additional Judicial Member, Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai. Charge IV: Thiru.P.T.Ramesh, Driver (under suspension), while functioning as driver in Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, has failed to collect the keys of vehicle and to bring the Additional Judicial Member and Additional Departmental Member from their residential place to office on 15.12.2010 though he came and signed in the attendance register on that day. Thereby, he has failed to discharge his rudimentary duty as driver and there is total dereliction in his primary responsibility as a driver. https://hcservices.ecourts.gov.in/hcservices/ 3 Charge V: Thiru.P.T.Ramesh, Driver (under suspension), Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, while functioning as driver in Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, has always been a deflant, insubordinate, disobedient, evasive and careless in discharging his duty as driver. Charge VI: Thiru.P.T.Ramesh, Driver (under suspension), Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, while functioning as driver in Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, by his in different behaviour, intimidating higher ups and deflant attitude has undermined the official decorum and created very bad atmosphere in administration and hampered the smooth functioning of the office before the staff, public and advocates. Charge VII: Thiru.P.T.Ramesh, Driver (under suspension), Tamil Nadu Sales Tax Appellate Tribunal (AB), Madurai, through his acts as setout in charges I to VI, rendered himself unbecoming of a Government Servant and has failed to maintain absolute integrity and devotion to duty. Thereby, he has violated Rule 20(1) of the Government Servants Conduct Rules 1973." 3. Earlier, when the petitioner has filed a Writ Petition in W.P.(MD).No. 13764 of 2010, challenging the order of suspension, this Court, has granted permission to the petitioner to appeal to the Chairman, Tamil Nadu Sales Tax Appellate Tribunal, Chennai, to review the order of suspension by making necessary representation. According to the petitioner, though the representation, dated 28.12.10, has been made acknowledged, no action has been taken so far. 4. In view of the directions stated supra in W.P.(MD).No. 13764 of 2010, the first respondent is directed to pass orders on the petitioner's representation, dated 28.12.2010, within a period of four weeks from the date of receipt of a copy of this order. It is also open to the disciplinary authorities to expedite the enquiry and complete the same as expeditiously as possible. 5. With the abovesaid directions, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(AE) /TRUE COPY/ Sub Assistant Registrar https://hcservices.ecourts.gov.in/hcservices/ 4 To 1. The Chairman Tamil Nadu Sales Tax Appellate Tribunal City Civil Court Building 2nd Floor High Court Campus Chennai - 104 2. Additional Judicial Member Tamil Nadu Sales Tax Appellate Tribunal (AB) Commercial Taxes Buildings Dr.Thangarajan Salai Madurai - 625 020 3. The Secretary Tamil Nadu Sales Tax Appellate Tribunal (AB) Commercial Taxes Buildings Dr.Thangarajan Salai Madurai - 625 020 +1cc to Mr.J.Pooventhrarajan, Advocate SR.No.24387 +1cc to The Special Govt.Pleader SR.No.24808 W.P.(MD).No.8255 of 2011 25.07.2011 vsg PA/04.08.2011/4P/6C https://hcservices.ecourts.gov.in/hcservices/