Madras High Court
4 Aruna Lalith Pallanee vs 2 The Commissioner Of Municipal on 23 November, 2021
W.P.No. 4932 of 2009
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.11.2021
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P.No.4932 of 2009
and M.P.No.1 of 2014
1 T.V.PALLANEE (DECEASED)
NO.11, PANCHAYAT COLONY,
RADHA NAGAR, CHROMPET, CHENNAI-44.
2 PUSHPA PALLANEE
No.11, PANCHAYAT COLONY,
RADHA NAGAR, CHROMPET CHENNAI-44.
3 V. P. JAGHAN KAMAL
No.11, PANCHAYAT COLONY,
RADHA NAGAR, CHROMPET, CHENNAI-44.
4 ARUNA LALITH PALLANEE
No.11, PANCHAYAT COLONY,
RADHA NAGAR, CHROMPET, CHENNAI-44. ... PETITIONERS
(Petitioner 2 to 4 substituted as legal heirs of deceased sole petitioner vide
order dt 28.10.2021)
Vs.
1 THE STATE OF TAMIL NADU
REP. BY ITS SECRETARY TO GOVERNMENT,
MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPT.
FORT ST.GEORGE CHENNAI-9.
1/10
https://www.mhc.tn.gov.in/judis
W.P.No. 4932 of 2009
2 THE COMMISSIONER OF MUNICIPAL
ADMINISTRATION, EZHILAGAM ANNEX,
CHETPUT, CHENNAI-31. ... RESPONDENTS
Prayer : Writ petition filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorari, calling for the records of the
1st Respondent in GO(D) No.369 Municipal Administration and Water Supply
(ME II) Department dated 7.9.2006 quash the same.
For Petitioner : Mr.Syed Mustafa
For Respondents : Mr.T.Arunkumar, A.G.P.
*****
ORDER
The sole writ petitioner, deceased T.V.Pallanee while
functioning as Municipal Commissioner, Tambaram Municipality, was served
with Charge memo on 30.12.1998 under Rule 17(b) of the Tamilnadu Civil
Services (Discipline & Appeal) Rules. The charge memorandum containing two
charges framed against the petitioner are as follows:
Charge No.1:
''that Thiru T.V.Palani, while functioning as
Municipal Commissioner, Tambaram was responsible
for having placed purchase order of Bleaching powder
from M/s.The George Town Electrical, Electronics
Allied Products and Servicing Industrial Co-operative
Society Ltd., Chennai – 79 (discussed in Annexure of
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W.P.No. 4932 of 2009
this memorandum) in volation of the procedure laid
down in G.O.Ms.No.708, Finance (BFE) Department,
dated 22.8.1994''.
Charge No.2 :
''that while functioning as Municipal
Commissioner, Tambaram, Thiru T.V.Palani has issued
purchase order for purchase of bleaching powder (as
discussed in charge No.1) at a higher rate of Rs.24.15
per Kg. Without verifying the prevailing market rates
at that time in violation of the procedure prescribed in
Municipal Manual''.
2. The deceased Municipal Commissioner had submitted his detailed
defence statement on 18.6.1999, whereby he denied the charges levelled
against him. It is the specific explanation made by the deceased petitioner
that by invoking the emergency provisions under Section 15 of the Tamil Nadu
District Municipalities Act, 1920, he purchased bleaching powder since there
was a suspected outbreak of Cholera. Due to sudden outbreak of Cholera, the
decision was taken to purchase bleaching powder from George Town Electrical
Electronic Allied Products and Servicing Industrial Co-operative Society Ltd.
Therefore, there is no irregularities on the part of the deceased petitioner.
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W.P.No. 4932 of 2009
3. In sofar as the Charge No.2, the deceased petitioner has
submitted an explanation before the enquiry officer that he has not committed
any irregularities since bleaching powder has been purchased routinely from
the aforesaid Society and the rates of the Society was much lower than the
prevailing market rate. It is also explained before the authority, in the normal
course, preference will be given to Society for the purchase of materials.
Therefore, in good faith, in order to prevent outbreak of Cholera, the
deceased petitioner by invoking emergency provisions under Sec.15 of the
Tamil Nadu District Municipalities Act, 1920, purchased bleaching powder from
the aforesaid Society. Based on the aforesaid explanation given by the writ
petitioner, the enquiry officer found that both the charges were not proved
against the deceased petitioner and submitted a report to the first respondent.
However, the first respondent disagreed with the findings of the enquiry
officer and consequently, issued show cause notice by proceedings, dated
1.4.2003 and the petitioner submitted detailed explanation. Subsequently, the
first respondent has passed the final order by imposing punishment of Rs.200/-
cut-in Pension of the petitioner for a period of one year. The said order is
under challenge in the present writ petition.
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W.P.No. 4932 of 2009
4. Counter affidavit has been filed on behalf of the respondents
wherein it is stated that after following the due procedure laid down in the
said rules, punishment order has been passed imposing a punishment of cut-in
pension of Rs.200/- per mensum for one year form the pensionery benefit of
the petitioner for the proven charges. Further, it is stated that there was no
justification recorded for the purchase of huge quantity (3.00 Metric Tonne) of
bleaching powder under Sec.15 of the Tamilnadu District Municipalities Act,
1920. Moreover, there was no necessity to purchase bleaching powder in huge
quantity (3000 Kgs.) incurring an abnormal expenditure of Rs.72,450/- in a day
under Sec.15 of the said Act. In view of the proven charges and after
obtaining views of the Tamil Nadu Public Service Commission, punishment was
imposed on the petitioner and therefore, there is no irregularities in the order
passed by the first respondent.
5. Heard the rival submissions of the parties and perused the
materials available on record.
6. At the time of admission, no interim order was passed and the
amount was recovered from the petitioner. Now, the matter is taken up for
final disposal. Writ petitioners 2 to 4 were substituted as legal heirs of the
deceased petitioner. Therefore, cause title was suitably amended in the writ
petition.
https://www.mhc.tn.gov.in/judis
W.P.No. 4932 of 2009
7. According to the learned counsel appearing for the petitioner,
explanation of the petitioner is very clear that by invoking emergency
provisions under Sec.15 of the Tamilnadu District Municipalities Act, 1920, the
deceased petitioner has purchased bleaching powder from the said Society
since there was sudden outbreak of Cholera. The Municipality has regularly
purchased bleaching powder from the aforesaid Society by placing an order,
not by way of inviting tenders. The learned counsel appearing for the
petitioner relied on the unreported judgment of this Court in identical case in
T.V.PALLANEE VS. STATE OF TAMILNADU (W.P.No.37803 of 2005, dated
23.12.2020) wherein this Court set aside the impugned order by placing
reliance on the various decisions of the Hon'ble Supreme Court as well as this
Court. Therefore, on the same line, the impugned punishment order is illegal
and the same is liable to be set aside. In the aforesaid judgment, this Court
considering the fact that the first respondent had simply disagreed with the
findings of the enquiry officer by passing a non speaking order, set aside the
punishment order. Whereas in the case in hand, the disciplinary authority
recorded a finding that the purchase of Bleaching powder is not an occasional
process, but it is a routine one for the maintenance of water supply.
Therefore, the aforesaid judgment will not rescue the petitioner.
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W.P.No. 4932 of 2009
8. According to the learned Additional Govt. Pleader, in the final
order, the first respondent has clearly stated that the purchase of bleaching
powder is not an occasional process, the Municipality has purchased bleaching
powder regularly for the maintenance of water supply to prevent any outbreak
of Cholera. Therefore, explanation of the deceased petitioner was not
accepted on the ground that huge quantity (3.00 Metric Tonne) of bleaching
powder has been purchased by the Municipality without following the
procedures. To that extent, there is no satisfactory explanation from the
deceased petitioner. In the absence of any materials placed before the
authority concerned, the punishment of cut-in pension of Rs.200/- per month
for a period of 12 months was imposed and the same is perfectly valid.
Therefore, the writ petition is liable to be dismissed.
9. The explanation of the petitioner to the charges (supra) framed
against the petitioner is as follows:
When he was at Tambaram Municipality, there was an outbreak of
Cholera and he has taken all measures to control the deadly disease from
further spreading. When it was completely under control, the Junior Engineer
and the Municipal Engineer had brought a note in person on 6.1.1996 and
explained him that there was completely no stock of Bleaching Powder for
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W.P.No. 4932 of 2009
chlorination purpose and immediate purchase under section 15 of the
Tamilnadu District Municipalities Act, 1920 was necessary. As chlorination of
water following the outbreak of cholera was an absolute need to avert further
re-occurrence, he approved the purchase of Bleaching powder exercising the
emergency powers purely with bonafide intention to avert any delay in the
matter of purchase and other formalities he has also submitted that the
purchase was not made from any private individuals but only from M/s.George
Town Electrical Electronic, Allied Products and Servicing Industrial Co-
operative Society Ltd. which is approved by the Khadi and Village Industries
Department. In the light of the above facts and circumstances, the charges
framed against the petitioner are not correct and he denied it.
10. On perusal of record, as rightly pointed out by the learned
Additional Government Pleader, the deceased petitioner has not submitted any
satisfactory explanation, except by stating that due to sudden outbreak of
Cholera, he purchased bleaching powder from the aforesaid Society. Further,
it is admitted that the Municipality has purchased regularly from the aforesaid
Society without following the procedure contemplated under the Rules, that
too, huge quantity of 3.00 Metric Tonne of bleaching powder without floating a
tender or following the procedure under the Rules.
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W.P.No. 4932 of 2009
11. Therefore, this Court is not satisfied with the reason stated by
the petitioner that by invoking Section 15 of the Tamilnadu District
Municipalities Act, 1920 the petitioner purchased such huge quantity of (3.00
Metric Tonne) bleaching powder directly from the aforesaid Society without
calling for tenders from the public. Further, counsel appearing for the
petitioner has fairly submitted that the aforesaid punishment order was given
effect to and the amount of Rs.200/- per month was recovered from the
pension of the petitioner. Therefore, findings of the first respondent is
perfectly right and no warrants to interfere with the impugned order, dated
7.9.2006 passed by the first respondent.
12. In the result, the writ petition stands dismissed. No costs.
Connected miscellaneous petition is closed.
23.11.2021
Speaking / Non Speaking order
Index : Yes/No
Internet : Yes/No
vaan
To
1 THE SECRETARY TO GOVERNMENT,
STATE OF TAMIL NADU,
MUNICIPAL ADMINISTRATION & WATER SUPPLY DEPT.
FORT ST.GEORGE CHENNAI-9.
2 THE COMMISSIONER OF MUNICIPAL ADMINISTRATION,
EZHILAGAM ANNEX, CHETPUT, CHENNAI-31.
https://www.mhc.tn.gov.in/judis
W.P.No. 4932 of 2009
D.KRISHNAKUMAR, J.
vaan
W.P.No.4932 of 2009
and M.P.No.1 of 2014
Dated: 23.11.2021
https://www.mhc.tn.gov.in/judis
