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2015 (3) TMI 827 - HC - Indian LawsDecrease in pension of petitioner - The allegation made under the charge is that during the year 2004-2005, he had issued seven Transit Passes to a registered dealer M/s. VNMAD Firm, to a total value of ₹ 15,08,250/- for the interstate movement of goods on consignment sales to the Pondicherry Union State and thereby facilitated the trader to evade sales tax at the rate of 4% and that by the above said act, he has failed to maintain integrity, devotion to duty and thus violated Rule 21 of the Tamil Nadu Government Servants Conduct Rule, 1973 - Held that:- The petitioner was functioning as Additional Deputy Commercial Tax Officer and retired from service on attaining age of superannuation on 31.05.2006. It is stated by the petitioner and not disputed by the respondents that till his retirement, there were no adverse remarks and any other proceedings initiated or pending against him. It is also seen that the first respondent has forwarded the pension papers of the petitioner to the Accountant General for sanctioning of pension and other pensionery benefits, after the retirement of the petitioner for the grant of pension. However, after a period of two years, the first respondent issued a charge memo dated 01.07.2008 under Rule 17(b) of the Tamil Nadu Civil Services (Disciplinary and Appeal) Rules, containing two charges. The allegation made against the petitioner was that he issued 7 false transit passes to one trader which enabled the said trader to create false records to evade sale tax to the tune of ₹ 60,330/-. It is crystal clear that consultation of the Tamil Nadu Public Service Commission before passing the order under Rule 9(1)(a), is essential and cannot be dispensed with. Whether the views furnished by the TNPSC is binding on the Government or not is another thing. But at the same time, when taking of such view is being mandatory and if no such view is taken, the order passed under Rule 9(1)(a) is to be held as vitiated. - no such consultation was made with the TNPSC before passing the impugned order. Admittedly, a notice was issued calling upon the petitioner to show-cause about the proposed punishment. He replied thereby not agreeing with such proposed punishment. As per the proviso to Rule 9(1)(a), the respondent ought to have taken view of the TNPSC. In this case, it has not been done and on the other hand, the first respondent has passed the impugned order only, on the reason that this Court has directed the first respondent to pass final orders within 30 days. Needless to say that if this Court has directed the authority to pass order within 30 days, it does not mean that such order can be passed without following the mandatory procedure contemplated under the relevant Rule. Therefore, I am of the view that the impugned order having been passed in violation of Rule 19(1)(a) cannot be sustained. - Decided in favour of petitioner.
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