A. SAVARIAR Vs. SECRETARY, TAMIL NADU PUBLIC SERVICE COMMISSION

JUDGEMENT

(1.) These appeals are directed against judgments dated 28.2.2008 and 4.2.2010 of the Full Bench and the Division Bench respectively of the Madras High Court whereby the appellant's challenge to the order of the learned Single Judge was negatived and his dismissal from service was upheld.

(2.) The appellant joined service under the Tamil Nadu Public Service Commission (for short, 'the Commission') as Junior Assistant w.e.f. 1.9.1973. While he was posted in 'P' Section of the Commission, which deals with the appointment of Invigilators and Chief Invigilators for various examinations, the Commission issued Notification dated 8.8.1989 for holding competitive examination for direct recruitment of Assistant Surgeons. The main written examination was conducted on 17.2.1990 and 18.2.1990. Shri Syed Abdul Kareem, who was appointed as Chief Invigilator at Bharathiar Government Arts College for Women, North Madras, examination centre, met the Superintendent of Section 'P' on 15.2.1990 and requested him to appoint some other person as Chief Invigilator by saying that he was suffering from heart ailment. When the Superintendent expressed his inability to accede to his request, Shri Sayed Abdul Kareem asked for the list of persons who were to assist him. Thereupon, he was given a list of 19 persons. Some of the persons named in the list informed the Chief Invigilator on telephone that they were unable to assist him. Therefore, he again contacted the Superintendent of 'P' Section for appointment of substitute Invigilators. The Superintendent then asked the appellant to post five persons to assist the Chief Invigilator. The latter supplied the list of five persons including S/Shri Asir (School Assistant), Khader Baig (Officer Assistant) and R. Mahalingam to Syed Abdul Kareem to work as substitute Invigilators.

(3.) In the examination held on 17.2.1990, some (six) question papers of the afternoon examination were found mixed up with the morning question papers. When the students pointed out this discrepancy, the Chief Invigilator immediately instructed to take back the question papers of the afternoon examination and issue the question papers meant for morning examination. This incident was reported in the newspapers. The Commission took serious view of the matter and on the basis of preliminary investigation done by the concerned officers, departmental proceedings were initiated against the appellant under Rule 17(b) of the Tamil Nadu Civil Services (Classification, Control and Appeal) Rules (for short, 'the Rules') on the following charges: