Madras High Court R.Vasudevan vs The Secretary To Government on 27 September, 2018 DATED : 27092018 CORAM THE HONOURABLE Mr. JUSTICE S.M.SUBRAMANIAM W.P.No.11636 of 2016 and W.M.P.Nos.10045 and 10046 of 2016 R.Vasudevan ... Petitioner Vs 1. The Secretary to Government, Revenue Department, Secretariat, chennai  600 009. 2. The Principal Secretary/ Commissioner for Revenue Administration, Chepauk, Chennai  5. 3.The District Collector, Ooty. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, calling records relating to the 2nd respondent dated 24.03.2016 vide proceeding No.Ser.2[1]11264/2016 and to quash the same and consequently direct the respondents to permit the petitioner to retire peacefully with all attendant benefits. For Petitioner : M/s.N.Rajan For Respondents : M/s.A.Shrijayanthy Spl. Government Pleader O R D E R The charge memo dated 24.03.2016 issued by the 2nd respondent is under challenge in this writ petition. 2. The learned counsel for the writ petitioner made a submission that, the petitioner was employed as Deputy Collector and on account of certain allegations a charge memo has been issued against the writ petitioner. The details of the charge memos are extracted here: CHARGE 1: The inspection team have verified the bar tender details regarding upset price calculation for the tender period 201314, 201415 and 20152016, interest for delayed payment for he period 201314 and 20142015 and bar outstanding. While verifying the above subjects, the following discrepancies were found. 1) Bar upset price fixed without taking into account the growth rate of some of the shops. He has caused financial loss as detailed below: Financial loss due to wrong fixation of Bar upset price (for some of the shops growth rate was not applied) TENDER TOTAL FINANCIAL LOSS IN Rs. 2013 14 7,47,857 2014 15 7,47,697 2015 16 72,006 TOTAL 15,67,560 CHARGE 2: As per the minutes of the review meeting conducted by the Managing Director on 24.10.2013 at the Corporate Office, Chennai8 communicated in Rc.No.Q4/1592/2013 dated 17.12.2013, the entire current month bar demand should be collected by 5th of every month and if there is any balance pending in the current month bar demand 12% penal interest will be collected for the balance from 8th day onwards. Interest for belated payment of bar demand for the period 201314 arrived at for Rs.83,453/ has not been collected. He has caused financial loss as detailed below: No.of Shops. Tender Period Total interest Due in Rs. 58 Nov13 to June14 83,453/ CHARGE 3: Bar demand collection for the periods 201314 and 201415 are pending has not been collected and thus he has caused financial loss as detailed below: Bar demand for the periods 201314 and 201415. No.of Shops. Tender Period Total outstanding Rs. 15 201314 87,781/ 6 201415 84,964/ TOTAL 1,72,745/ Bar demand collection from the shop supervisors for the period 200708 are pending to be collected. CHARGE 4: While verifying the sales or salary bills for the period form October 2014 to May 2015 with attendance it was detected that a sum of Rs.5,738/ (2456418826) towards the wrong payment to the absentees and the persons who have indulged in over writing on leave entries made in the attendance. CHARGE 5: The inspection team verified the payment of incentive files from April 2014 to March 2015 and found that the incentive was paid to the suspended long leave shop personnel through ECS to the tune of Rs.2,84,231/(114 shop pesonnel) against the norms and he has caused for financial loss. CHARGE 6: Fixed Travelling charges to the shop supervisors for the period from January 2015 to March 2015 Rs.1,89,000/ for 126 Supervisors have been sanctioned and paid based on the claims obtained from the supervisors. While scrutinizing the claims, it was found that no pass orders have been counter signed by the District Manager. No BioMetric attendance details have been taken into account. While sanctioning FFTC for the above period As per Head Office Circular No.4/201 dated 21.04.2015, FTC should be given to those who affix their finger prints in the Bio metric attendance system installed in District Manager's office for having submitted indents in DM Office as per the route chart maintained by them Thus he has sanctioned Fixed Travelling charges against the instructions of Head Office. CHARGE 7: In the Nilgiris District, there are 134 Retail vending shops at present. Out of which 108 shops rent have been paid through ECS and 26 shops rent have been paid through Account payee cheque. On verification of fi