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2018 (10) TMI 1056 - MADRAS HIGH COURTRevocation of the reversion order issued in proceedings dated 18.12.2014 - promotion to the post of Deputy Commercial Tax Officer by fraudulent means - first respondent initiated disciplinary proceedings on the allegation that the writ petitioner has submitted a bogus Junior Grade Accountancy Certificate and placed the writ petitioner under suspension. Held that:- In view of the fact that the writ petitioner was under continuous suspension for a long duration and he had not served in the reverted post for about five years, it is not preferable to interfere with the order of reversion at this point of time. However, the charge memo issued against the writ petitioner is to be proceeded with and an enquiry in accordance with the provisions of the Discipline and Appeal Rules must be conducted. This Court is of an opinion that the writ petitioner has to submit his explanations/objections in respect of the allegations set out in the charge memo and defend his case by establishing his innocence or otherwise. Contrarily, the charge memo, at this point of time, cannot be quashed in view of the fact that the allegations raised in the charge memo are certainly serious and in relation to the submission of bogus Junior Grade Accountancy Certificate in order to secure promotion to the post of Deputy Commercial Tax Officer. The order of suspension issued against the writ petitioner was revoked, this Court is of an opinion that the writ petitioner should co-operate for the conclusion of the disciplinary proceedings and for passing final orders. The writ petitioner is directed to co-operate for the conclusion of the enquiry in all respects. In the event of non-cooperation on the part of the writ petitioner, the same shall be recorded by the Competent Authorities and if any such instances are found, then the time limit granted by this Court will not be binding on the respondents - petition disposed off.
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