TMI Blog1994 (12) TMI 345X X X X Extracts X X X X X X X X Extracts X X X X ..... the period 20th June, 1984 to 20th March, 1985. In September 1985 he was promoted as Deputy Transport Commissioner. Sometime in the first half of 1989, a Special Audit Wing of the Transport department detected and reported misappropriation of a large amount of Government money in the office of the Regional Transport Officer, Madras (Central) during the years 1983-84 and 1984-85. On the basis of the said report a memo of charges dated 4.6.89 was communicated to the respondent. 4. The memo of charges first sets out the amounts misappropriated under various heads in the said office during the aforesaid years, and then follow paragraphs 4, 5 and 6, which read as follows: 4. During the above period, you Thiru. A. Ra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nging to produce the relevant accounts before the officials from unearthing proof of further misappropriation of Government money, (iii) And that you and other officials are responsible for pecuniary loss caused to the State Government by above acts of misappropriation and are thus liable for recovery of the amounts i.e ₹ 5,54,124/- in the year 1983-84 and ₹ 5,21,914/- in the year 1984-85. 5. You are hereby directed to submit your written statement of defence to this charge memo within 15 days from the date of receipt of this memo of charge. You are also informed that if no written reply is received, it will be presumed that you have no explanation to offer and further action will be proceeded with, on merits. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /charges except in a case where they are based on no evidence i.e., where they are perverse. The jurisdiction of the Tribunal is akin to that of the High Court under Article 226 of the Constitution. It is power of judicial review. It only examines the procedural correctness of the decision-making-process. For this reason the order of the Tribunal insofar as it goes into or discusses the truth and correctness of the charges, is unsustainable in law. 8. Insofar as initiation or enquiry by an officer subordinate to the appointing authority is concerned, it is well settled now that it is unobjectionable. The initiation can be by an officer subordinate to the appointing authority. Only the dismissal/removal shall nor be by an auth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uded in the schedule appended to G.O.Ms. 928 dated 25.4.88 mentioning the names of officials responsible for falsification of accounts and misappropriation and that he is also not made an accused in the criminal proceedings initiated in that behalf. 10. We are, therefore, of the opinion that the judgment of the Tribunal is right insofar as it holds that the charges communicated to the respondent are vague. In the ordinary course we would have directed the disciplinary authority or the authority which framed the charges to particularise the charges and then to proceed with the enquiry but it appears that the respondent has hardly about seven or eight months to go for retirement. Having regard to the facts and circumstances of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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