WA/350/2024 of The Additional Chief Secretary Vs Mr.G.Ravikumar on 23 September 2026

JUDGMENT

(KRISHNASWAMY GOVINDARAJAN,J.) The unsuccessful respondents in W.P.No.39189 of 2015 have filed this intra-court appeal.

2. For the sake of convenience, the parties will be referred to as per their rank in W.P.No.39189 of 2015.

3. The writ petition was filed by the respondent herein for the following relief:

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‘’…..to issue a writ of Certiorari calling for the records of the 1st respondent relating to the order dated 10.08.2015 in G.O. (Ms).No.36 and quash the same and to reinstate the petitioner with all back-wages.’’

4. It is the case of the writ petitioner that he joined the service of the respondent as Aero Modelling Instructor-cum-Store Keeper on 11.09.1998. The petitioner was served with suspension order along with charge memo framed under Rule 17(b)(i) of Tamil Nadu Civil Services (Discipline and Appeal) Rules dated 30.12.2011. There were 5 charges framed against the petitioner.

5. The petitioner further submitted that he gave his explanation to the above said charges and on the basis of the Enquiry Officer's report, the punishment of compulsory retirement from service was imposed. As against the order of compulsory retirement, the petitioner filed an appeal on the ground that the Presiding Officer and three other members showed vindictive attitude towards the petitioner and he was not provided with the materials / documents and there were serious irregularities in the preliminary enquiry. In spite of the same, the appellate authority confirmed the punishment. Aggrieved by the

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same, the petitioner filed the writ petition.

6. The appellants herein, while denying the averments in the writ petition, submitted that the petitioner being a Government employee has no locus standi to demand and accept money from the cadets. The petitioner being a subordinate employee under the 4th respondent/NCC, which is a disciplined force enduring to ensure unity and discipline among the student community. The charges are very serious in nature and comparing with the gravity of charges, in spite of recommendation from Tamil Nadu Public Service Commission, a liberal approach was taken by the disciplinary authority by imposing a punishment of compulsory retirement.

7. The Writ Court, after hearing the parties, accepted the contention of the writ petitioner holding that charges do not relate to any specific incidents and does not give details with Form-B, basis of charges is vague and the principles of natural justice were not followed, and allowed the Writ Petition. Aggrieved by the order of the Writ Court, the respondents filed the present appeal.

8. We heard the appellants and the respondents.

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9. The appellants submitted that the delinquent charged with serious misconduct and in spite of the fact that some of the charges were admitted which are serious in nature, an opportunity was given and a proper enquiry was conducted and only thereafter, the order of punishment was imposed. It is the further submission of the appellants that even though the Tamil Nadu Public Service Commission recommended for dismissal of service, after analysing the enquiry report, a lenient view was taken by the disciplinary authority and a punishment of compulsory retirement was imposed. Considering the materials available and the findings of the enquiry officer, the Writ Court ought not to have interfered with the punishment order and no reasons were given by the writ court for interference with the order of punishment.

10. The counsel for the respondent filed a written submissions raising the point of violation of principles of natural justice in the enquiry proceedings, charge memo referred to eight documents and none of the documents were furnished to the writ petitioner. The Enquiry Officer admitted only four documents. There is no explanation on the part of the Enquiry Officer for not marking the remaining documents.

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11. The writ petitioner also raised the ground that though 8 documents were annexed to the charge memo, the Enquiry Officer relied upon 18 documents, for which, the petitioner was not put on notice. None of the witnesses were examined in the presence of the writ petitioner and the appellate authority did not give any independent opinion.

12. We carefully perused the materials placed before us.

13. There were five charges framed against the delinquent and the same are extracted hereunder: ‘’CHARGE I

(TN) Air Sqn NCC, Coimbatore, on 25 Nov 2011 forced the cadets to part with their prize money and had collected and misappropriated the same, which is unbecoming of a Government servant. CHARGE II

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(TN) Air Sqn NCC, Coimbatore was during the first fortnight of May 2011 found to be indulging in training outsiders. On preliminary enquiry, it is found that the delinquent, in violation of Tamil Nadu Government Servants Conduct Rules, has been indulging in training individuals not associated with NCC in Aero Modelling using Government stores and equipments, which is unbecoming of a Government servant, and it amounts to private trade/employment and not otherwise. CHARGE III

(TN) Air Sqn NCC, Coimbatore, disregarding integrity and devotion to duty, did not discharge his duties as he chose not to train the cadets himself for which he is employed and paid but has allowed an outsider to teach the unit cadets including SW cadets, who are girls, on aero modelling subjects for the year 2009-10 onwards when he has no authority to do so, which is unbecoming of a Government servant. CHARGE IV

(TN) Air Sqn NCC, Coimbatore, in violation of Government instructions, used to store private/personal aero models and

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accessories in unit stores and was repairing/modifying such models using government machineries during office hours for his personal gain, ever since 29 May 2008 which is unbecoming of a Government servant. CHARGE-V CONFIDENTIAL Thiru G Ravikumar, Sel Gde Aero Modelling Instructor cum Store Keeper (under suspension), while serving at 2 (TN) Air Sqn NCC, Coimbatore, ever since 29 May 2008 was using abusive language at cadets and was very rude while dealing with cadets when he has no locus standi to do so. On 05 Dec 2011 at 10.30 pm, he had used abusive language at SW cadets over phone whereas he has no business to speak to the cadets, who are girls, at night and to reprimand them for any lapse without the knowledge of CO unit. The behaviour of the delinquent is nothing but an unbecoming conduct on his part as a Government Servant and not otherwise.’’

14. On the basis of the five charges, an explanation was called for from the delinquent and after explanation received from the delinquent, an Enquiry Officer was appointed and enquiry was commenced. The delinquent participated in the enquiry and on 07.11.2012 he gave a statement before the Enquiry Officer, which is extracted hereunder:

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STATEMENT DT: 07.11.2012 I am, G.Ravikumar, Aeromodelling Instructor in 2 TN AIR SQN NCC, Coimbatore-18. I have trained 4 cadets for AIVSC 2011 for the past six months for full day and I also brought Gold Medal for this Directorate. When I asked CO for providing refreshment to the cadets he opted to provide only tea and biscuits, whereas the training is for full day from morning 5.30 a.m to evening 5.30 p.m. Breakfast were managed by the cadets, and I provided Lunch to the cadets for the full training period at my own cost. I provided imported materials namely propeller, plugs, Spinner, Jet needle which were very costly and these items are my own belongings. And I took more strain to buy these items from foreign. These items are not in Government Ledger also this is for your kind information please. Hence I advised the cadets before sending them to IGC to make use of these items carefully, and told them that they will be charged for these items if they misuse them. I have a personnel stock of how many items that these cadets have broked and misused them. I told the students to give the amount from their cash price if they got by winning the event, hence the students gave the amount of Rs.2000/- I further instructed them to come and check their amount from the stock broken by them and get their balance. Moreover the cadets gave the money voluntarily for

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celebrating the AIVSC party along with the other aeromodelling cadets. But I told them that I will provide the party whereas the cadets told that "Sir, you have spent lot for us, we won the medal only because of you hence we shall give the party".

1. We have received a complaint that you have taken Rs 1000/- each from F/C Praveen and F/C Boobalan, do you accept? Yes, I have kept it in cadet's welfare box.

2. Why the money was taken from the cadets? During the intensive training in the unit before the camp, I have been providing them with lunch and also I have purchased imported spares for control line speed practice. In case of any breakage they (cadets) are suppose to reequip spares to me also for celebration of winning gold medal.

3. Was the unit CO in picture? No. I didn't inform Commanding Officer.

4. When did you lastly attended any institutional training? Two years ago I attended SJN HSS, Kallar lastly. Since, past two years I was also looking after 5 (TN) Air Sqn NCC, Salem and I was detailed for 13 camps during last training year.

5. Have you conducted any outside (Private/Personal) Aero Modeling training for financial gains?

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I have not trained any school or institution for financial gain till date. Whenever any institution asking for buying any models, I have helped them which I believe as service.

6. Have you taken any cash or anything in kind for such services which you offered? I have not forced anybody, whatever I was offered as a gift, I use to accept.

7. Have you put up to CO for want of fund for cadet's refreshment? I verbally asked CO about this.

8. While working in government organization, why did you make private/personal aero models in government workshop without CO's permission? CO at times details me to make models for service dignitaries/institutions. That time I repair/modify my own models.

9. Have you taken permission to keep private item/property in government store? My present model, I don't have space in my home. So, I was keeping it for the past 13 years.’’

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15. During the enquiry, the Enquiry Officer placed various questionnaires to be answered by the delinquent which was annexed in Folder-III of the enquiry report. Folder-III was signed by the delinquent also. The delinquent admitted various incidents in the charges and there is no denial on the part of the delinquent. The depositions of witnesses were arranged in an order, in which they were examined, was placed before this Court, which is in Folder III. In respect of the writ petitioner, the Enquiry Officer asked several questions and replies were also recorded and the same is extracted hereunder:

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16. On 07.12.2012, one more statement was given by the delinquent which was recorded in the enquiry report: "I, G. Ravi Kumar, AMI of 2 (TN) Air Sqn NCC, Coimbatore hereby state that the following lines. The senior division cadets of this unit, F/C Praveen Kumar of PSG College of Arts & Science and F/C G. Boobalan of Government Arts College, Coimbatore won the gold medal in aero modeling control line speed in AIVSC 2011 and was rewarded with Rs 2000/- each. The cadets were trained by me for the past six months. The cadets were provided only with tea & biscuit by the unit as refreshment. This was not sufficient for them and I used to spend for their lunch daily. That day itself, I told them that, 'if you win any cash prize, I will ask you to pay the money back'. Both the cadets came back to me after AIVSC-2011 and gave me Rs 1000/- each, for the expenses and I told when (5 cadets) all are free, come to section. One day we will go for lunch, that day you will be given back the balance money. I told them in front of all five cadets. This matter was not made known to my Commanding Officer. Sd/- G. Ravi Kumar, 07/12/11"

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17. From the statement recorded by the Enquiry Officer, we came to the safe conclusion that charges were admitted by the writ petitioner. Once the charges were admitted by the writ petitioner, the question of a detailed enquiry is absolutely a futile exercise. However, the Enquiry Officer has done that exercise also in accordance with the Rules. Opportunities were given to the writ petitioner and the writ petitioner fully participated in the entire process of enquiry proceedings, in spite of admission of charges. The Enquiry Officer independently gone into the charges and the explanation by the writ petitioner, concluded the enquiry and gave his findings. The Tamil Nadu Public Service Commissioner, after considering the enquiry report, recommended for dismissal from service. In spite of the said recommendation, the Department has taken a lenient view and imposed a punishment of compulsory retirement.

18. The submissions on the part of the respondent that principles of natural justice were violated and opportunities were not provided to the writ petitioner, documents which are not formed part of the charge memo were not relied upon, will not have any impact in the present facts of the case, especially when the petitioner admitted the charges and signed the statement. The petitioner has not denied the signature in the statement. However, the Writ

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Court, without analysing these aspects, allowed the writ petition without even considering the admission of the writ petitioner with respect to the charges.

19. We feel that the interference of the Writ Court in the punishment is legally unsustainable. In view of the findings stated above, we have no hesitation to interfere with the order of the Writ Court. The order dated 28.04.2023 made in W.P.No.39189 of 2015 is set aside and According, the Writ Appeal stands allowed. No costs. Consequently, the connected miscellaneous petition is closed. (S.M.S.,J.) (K.G.R.,J.) 28-09-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No rli To

1. The Additional Chief Secretary to Government, Youth Welfare and Sports Development Department, Secretariat, Chennai-9.

2. The Deputy Director General NCC DTe (TN.P & AN) Fort St. George, Chennai-9

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3. The Group Commander National Cadet Corps, Head Quarters, Coimbatore

4. The Commanding Officer 2(TN) Air Sqn NCC, 112/A, ATT Colony, Chintamani Complex, Coimbatore 641 018

5. The Commanding Officer Inquiry Reporting Officer 3(TN) Air Sqn Ncc, Thiruchirapalli

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S.M.SUBRAMANIAM, J. AND KRISHNASWAMY GOVINDARAJAN, J. rli Pre-delivery judgment in WA No. 350 of 2024 28-09-2026

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