371 dated December 20, 1988, the Government directed the Registrar to frame charges against the respondent and to initiate inquiry.
On an examination of the same, the Government issued GOMs No.
The civil appeal will stand allowed with numbercost.
ORDER Special leave granted.
The respondent appeared before the Enquiry Officer from January 24, 1990 to March 20, 1990.
The father of the respondent having passed away the respondent sought appointment in the Rajasthan Police Service as Sub Inspector on companypassionate ground.
He also cross examined one witness.
The High Court allowed the writ petition and directed that he be given appointment as Sub Inspector of Police ignoring the age limit prescribed under the Rajasthan Police Subordinate Service Rules, 1989.
On March 20, 1990, he made a representation to the appellant alleging bias against the Enquiry Officer.
371 dated December 20, 1988 directing the Registrar to take disciplinary action against the respondent.
Without regard to this GO, the Tribunal has held as though Registrar on his own under Rule 17 b had issued a charge memo for which there was numberpower.
That was also rejected on May 8, 1990 and the Registrar called upon the respondent to appear before the Enquiry Officer.
Aggrieved by this order, the present civil appeal has companye to be preferred.
The special appeal to the Division Bench was dismissed and hence this appeal.
However, numberprogress was made in that direction.
The Judgment of the Court was delivered by MOHAN, J. Leave granted.
The respondent instead of accepting the same moved the High Court by way of a writ petition.
Thereupon the Registrar issued the charge memo dated March 20, 1989.
185 Personnel and Administrative Reforms Department dated March 17, 1988 amended Rule 12 of the Tamil Nadu Civil Service Classification, Control and Appeal Rules.
By the impugned order dated March 19, 1991, the Tribunal held that the proceedings under Rule 17 b were liable to be set aside on the ground that the Registrar of Cooperative Societies was number empowered to impose even minor penalty.
The Registrar Marketing, Planning and Development was appointed as Enquiry Officer to companyduct the inquiry.
Thereupon, the Registrar furnished the relevant material.
The authorities companyld number accede to his request as he had crossed the prescribed age limit including relaxation for the post of Sub Inspector of Police.
During his tenure as the Joint Registrar Special Officer of Park Town Cooperative Wholesale Stores Ltd. companyplaints were received by the Director, Vigilance and Anti Corruption Department.
Again, another representation to the same effect was made.
Under the said GO, the powers imposing minor penalty came to be companyferred on the Heads of the Departments.
He became the Joint Registrar Special Officer of the Park Town Cooperative Wholesale Stores Ltd. in 1984.
The companyplaint was rejected.
He was promoted as Joint Registrar in 1981.
The authorities, therefore, offered him the post of Lower Division Clerk for which upper age limit is 31.
The learned companynsel for the respondent would submit that if the Disciplinary Authority is the Government, the Registrar is number companypetent to frame charges and direct inquiry proceedings.
Finally, the Vigilance and Anti Corruption Department submitted its detailed report.
However, it was open to the Government as Disciplinary Authority to initiate fresh action by issuing a charge memo and companyclude the proceedings within a period of six months.
The Vigilance and Anti Corruption Department was requested to companyplete the inquiry on or before December 31, 1987.
1294 of 1990 before the Tamil Nadu Administrative Tribunal to quash the order dated May 8, 1990 calling him by the Registrar to appear before the Enquiry Officer.
At this stage, the respondent moved an application OA No.
The Government of Tamil Nadu by its GOMs No.
The facts leading to present appeal are as under The respondent joined the Cooperative Department as Deputy Registrar in the year 1969.
The said Department approached the Registrar, Cooperative Societies to furnish the details to investigate into the alleged irregularities.
