M. JAYAKUMAR Vs. GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) THE petitioner was working as Warder Grade II at the Central Prison II, Puzhal, Chennai. He was initially appointed on 25.03.1998 and has been working continuously without any blemish whatsoever in service . While so, a charge memo dated 02.07.2004 was issued to the petitioner by the Superintendent, Central Prison, Vellore / 4th respondent herein and the same was issued for his misconduct, while he was undergoing training in the Warders Training School, Vellore during the relevant point of time.

(2.) THE crux of the charge against the petitioner is that the petitioner as well as yet another Warder Thiru Solomon used abusive words against the higher officials in front of the Jailer Thiru Ramamoorthy. An enquiry was conducted. Thereafter, the petitioner was dismissed from service by an order dated 05.08.2004 by the 4th respondent.

(3.) THE respondents have filed a counter refuting the allegations made in the affidavit. It is stated in the counter that the Government took a lenient view, though the Tamil Nadu Public Service Commission (TNPSC) gave its opinion that punishment imposed on the petitioner was proportionate to the gravity of charges. The Government disagreed with the views of TNPSC and interfered with the punishment of dismissal, as the Government felt it to be excessive and therefore, no interference is called for in the impugned order.