
Irregularities in DPCs: HC denies relief to retired TNCSC employee
Madurai: Denying relief to a retired employee of Tamil Nadu Civil Supplies Corporation (TNCSC) who challenged the punishment imposed on him for failing to monitor four direct procurement centres in Ramanathapuram region that had committed irregularities, the
Madras high court
, however, directed the authorities to treat the petitioner's suspension period as an eligible leave period.
The court was hearing the petition filed by P Soundarapandi. The petitioner, who was working as regional manager of the TNCSC, retired on superannuation in 2017. While he was in service as regional manager of the Ramanathapuram region, disciplinary proceedings were initiated against him in 2015. The charges against the petitioner, as a supervisory authority, were that he failed to monitor the four procurement centres where bricks and clay were mixed with the paddy.
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n 2016, the petitioner was imposed with the punishment of censure, and the suspension period was treated as leave on loss of pay. Challenging the punishment, the petitioner filed an appeal; however, the same was also rejected. Hence, the petitioner filed the present petition challenging the orders seeking to regularise the period of suspension as a duty period and permit him to draw all other attendant benefits.
The petitioner's counsel submitted that there were 39 direct procurement centres within his region during the relevant time, and it was humanly not possible for the petitioner to monitor all of them.
However, the state submitted that the petitioner never visited any centre and thereby failed in his legitimate duty and enabled the centres to commit irregularities.
Justice B Pugalendhi observed that the paddy is procured by both state and central govts in order to provide food grains to the needy at a subsidised rate under the public distribution scheme.
The govts are spending huge amounts on this scheme.
The judge observed that the petitioner cannot contend that he is not responsible for any irregularities committed in the centres. The irregularities are grave in nature, which did not occur in one centre but in four. The supervisory officers are appointed to ensure that their subordinates are functioning in a proper manner, and therefore, the court is not inclined to accept the contention of the petitioner that he is not responsible for the fraud.
The judge observed that the court is not inclined to interfere with the punishment imposed by the disciplinary authority and which was confirmed by the appellate authority. At the same time, since the petitioner was imposed with censure, as per Chapter V of the Tamil Nadu Civil Supplies Corporation Limited Employees Service Regulations, 1989, the petitioner is entitled to the relief of treating the suspension period as a leave period.
Hence, the judge partly allowed the petition and directed the authorities to treat the petitioner's suspension period as an eligible leave period.
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