TMI Blog2020 (12) TMI 1369X X X X Extracts X X X X X X X X Extracts X X X X ..... re of the said Government Order. The said government order relates to purchases to be made above a threshold limit and in the case on hand, the purchases made are above the threshold limit and, therefore, the permission of the competent authority is required - In the instant case, it is not in dispute that the petitioner has not followed the procedures laid down in G.O. No.149. It is further pointed out that ignorance of the petitioner of the said Government Order cannot be a ground for this Court to interfere with the impugned order. A perusal of the materials available on record, more so the counter affidavit filed by the respondents reveal that the act of the petitioner has not caused any financial loss to the respondents, though the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... thappan For the respondent : Mr.S.Thangavel, Spl. GP ORDER Petitioner has come up with this writ petition challenging the termination order passed by the 1st respondent in Na.Ka.No.15878/2007/A5, dated 15.10.2007 as well as the order of the second respondent / appellate authority, dated 12.09.2013 and for a consequential direction to the respondents to grant service and monetary benefits due to the petitioner. 2. It is the case of the petitioner that he was appointed as Junior Assistant on 06.03.1968 and subsequently promoted to the post of Selection grade Executive Officer, Town Panchayat on 19.10.2000. Owing to three charges levelled against him, he was kept under suspension by the second respondent and on the date of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng the present writ petition. 4. Learned Senior counsel appearing for the petitioner submits that even though it is an admitted fact that the petitioner raised purchase orders, which was in violation of G.O.149, dated 16.07.1998, and the same happened due to lack of awareness on the part of the petitioner, however, without affording an opportunity to the petitioner, the 1st respondent/disciplinary authority, based on the oral enquiry conducted and on the explanation submitted by the petitioner, passed the impugned order, dated 15.10.2007 without examining any witnesses or marking any documents and the appellate authority, without noticing the discrepancy in the conduct of the enquiry, has mechanically affirmed the punishment imposed thro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e submission of the learned Special Government Pleader that while floating tenders for purchases, prior approval of the competent authority is required, which has not been done in this case. The petitioner cannot plead ignorance of the Government Order to put forth his claim for reduction in punishment and interference with the same by this Court. It is further submitted that reliance placed on similar case cannot be taken note of as the facts and circumstances of each case requires to be considered separately and further it is submitted that the delay in the disposal of the appeal is on account of administrative delay of which the petitioner cannot take shelter. Therefore, prays for dismissal of this writ petition. 6. This Court bestowe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the 1st respondent in imposing punishment on the petitioner without going through the process of enquiry vitiates the enquiry proceedings. Further, a perusal of the order passed by the 2nd respondent / appellate authority clearly reveals that the said order is a non-speaking order, as it has merely extracted the opinion given by the Tamil Nadu Public Service Commission, without entering into the merits of the appeal filed by the petitioner. No separate finding has been rendered by the appellate authority on the basis of the materials available before him. The order has been passed by the appellate authority mechanically without applying his mind to the materials available before him. In such a backdrop, this Court is of the considered vi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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