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Full order THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM W.P.Nos.4355 of 2008, 36068 of 2004, 16051 of 2005. 6.Thus, the said State Tax Officer, Mr.D.Mukunthan, suppressed vital facts regarding the collection of Sales Tax for Intra-ocular lenses, before this Court intentionally and further, mislead the Court and not defended the case of the respondents properly, as expected under law. Thus, he has committed misconduct and acted unbecoming of a public servant. 7.It is painful to pen down, even the other counsels who were present through Video-Conferencing have also not stated the facts clearly, before this Court. In view of the fact that the department official himself has not performed his duty as expected, this Court is of the considered opinion that the disciplinary actions are to be initiated against him for misconduct, acted unbecoming of a Government servant and for dereliction of duty. Accordingly, the 1st respondent is directed to place the said Mr.D.Mukundhan, State Tax Officer of the Commercial Tax Department, under suspension with immediate effect, by initiating disciplinary proceedings under the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 and produce the copy of the order of suspension before this Court. 8.A probe in respect of large scale collusion in the Commercial Tax department is required as to the manner in which the cases are conducted as well as the loss of revenues to the State. In these circumstances, this Court is inclined to suo-motu implead the Secretary to Government, Commercial Taxes and Registration Department, Secretariat, Fort St.George, Chennai-600 009. 9.Accordingly, the Secretary, Commercial Taxes and Registration Department, is suo-motu impleaded in W.P.No.4355 of 2007 as the 3rd respondent, enabling this Court to deal with the issues in an appropriate manner and effectively. Post the matter on 08.07.2021. 06.07.2021 gsa Index : Yes Speaking Order : Yes Note: (i) Registry is directed to carry out necessary amendment in the Writ Petition and communicate the copy of this order directly to the 3rd respondent today itself.
by Sekar Reporter · Published July 7, 2021
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