K NAGAMANICKAM Vs. SUB COLLECTOR

JUDGEMENT

(1.) THE petitioner was employed as a Village Administrative Officer in Avalappampatti Village, Pollachi Taluk, Coimbatore District. He was issued with a charge sheet dated 18.03.2005 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (Shortly "the Rules"), levelling four charges against him. Charge Nos.1 and 2 are that the petitioner demanded a sum of Rs.10,000/- from one R.Soundararajan to take action on the application made by him relating to grant track rent permission and that he accepted a sum of Rs.3,000/- as bribe from the said R.Soundararajan during July 2002 and the other charges are not relevant for this case.

(2.) AN enquiry was conducted. Based on the enquiry, the petitioner was imposed with the punishment of stoppage of increment for a period of three years with cumulative effect, vide order dated 02.01.2006 of the first respondent. In the meantime, the petitioner was placed under suspension from 16.07.2002. On the intervention of the Tamil Nadu Administrative Tribunal, by an order dated 27.04.2004, in O.A.No.1802/2004, the petitioner was reinstated in service. The order of the Tamil Nadu Administrative Tribunal became final.

(3.) SINCE the petitioner was not allowed to retire even after 12.06.2007, he made a representation dated 30.08.2007 to the first respondent requesting to revoke the suspension order and to permit him to retire from service. But the second respondent passed an order dated 01.09.2008 rejecting his request.