C.UMASHANKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) By consent of bothsides the writ petition itself is taken up for final disposal.

(2.) The petitioner, who is an IAS Officer, serving in the State of Tamilnadu, has filed this writ petition challenging the order of the Central Administrative Tribunal made in O.A.No.79 of 2010 dated 19.7.2012, dismissing the writ petition filed by him praying to declare Rule 4(2)(a) of the All India Services (Conduct) Rules, 1968 as unconstitutional, void and of no effect, and also to quash the charge memo issued to him by the Chief Secretary to Government of Tamilnadu/first respondent herein in Letter No.80/2009-1, dated 19.1.2009.

(3.) The case of the petitioner before the Tribunal for making the above said prayer arose due to the issuance of the Charge Memo dated 19.1.2009 for his alleged violation of Rule 4(1), 4(2)(a) and 3(1) of the All India Services (Conduct) Rules, 1968, and decision to initiate disciplinary action under Rule 8 (Major penalty of all India Services). In the said charge memo it is alleged by the first respondent that in the letter of the petitioner dated 13.10.2008 addressed to the Chief Secretary, he informed that his wife Tmt.Suryakala Umashankar was appointed as HR Executive in M/s.Tessolve Inc, Tiruvanmiyur, Chennai-41; that she has taken up her position in the said Company, with which the petitioner had official dealings since April, 2008; and that, his action in permitting his wife to accept the above employment without previous sanction of the Government amounts to misconduct, particularly Rule 4(1), 4(2)(a) and 3(1) of the All India Services (Conduct) Rules, 1968.