Date:28/09/2007 URL: http://www.thehindu.com/2007/09/28/stories/2007092858520100.htm

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Relief for Government staff at long last

Mohamed Imranullah S.

He was not allowed to retire from service in 1998
Court quashes charge memo, G.O.

MADURAI: K. Abdul Raheem (67), a suspended Government servant, could not have undergone a more distressing experience than facing a departmental enquiry for 27 long years. A charge memo was issued to him in 1980 and he was not allowed to retire from service in 1998. But there was no progress until he moved the Madurai Bench of the Madras High Court.

Allowing a writ petition filed by him, Justice K. Chandru on Wednesday quashed the charge memo as well as the consequential Government Order preventing the petitioner from retiring from service. The Judge directed the officials concerned to disburse the terminal benefits due to the petitioner within 12 weeks.

The petitioner’s counsel, M. Ajmal Khan, said that his client was issued with a charge memo dated July 17, 1980 seeking explanation for certain irregularities that took place during his tenure as Depot Manager with the office of the Assistant Director of Agriculture at Tirupathur in North Arcot district.

In 1981, a criminal case was filed against the petitioner for the same charges and he was acquitted of it on April 19, 2004.

The Government did not prefer to appeal against the acquittal. The Agriculture Secretary, on June 26, 1998, issued an order precluding the petitioner from retiring from service and consequently suspending him for facing the departmental enquiry which did not see the light of the day. Mr. Justice Chandru pointed out that the criminal court had given a clean chit to the petitioner. Besides, the Home Department through a government order dated March 16, 2006 had decided not to appeal against the acquittal. The Judge rejected the submission made in the counter affidavit filed by the Agriculture Department Deputy Secretary that the departmental enquiry could not be conducted because the official records got locked up in the criminal court.

He said the officials could have obtained certified copies of the records immediately after the acquittal in 2004.