Removal from government service

Querist : Anonymous (Querist) 09 March 2011 This query is : Resolved
A govt. employee served up to 30 years in TN govt. was charge sheeted by the department in 1999 and it was stayed up to 2009. He was not permitted to rejoin duty after the charge and he obtained direction to permit him to rejoin in 2001 which took 2 years and 5 months. The department allowed him to rejoin in 2001. The HC disposed in 2009 the writ as the petition was allowed to join according to his prayer in 1999. After the disposal of the writ, the department conducted inquiry. The inquiry officer and the disciplinary authority are the same. The disciplinary action was not done according the rules, govt. instructions which were informed in the reply of the concerned employee with proofs against the charges. The appointing authority without considering the reply with supportive exhibits against the charges issued orders for removal from service w.e.f. March, 2011. The employee was suspended in 2008 just before retirement.
Whether the employee has to file an appeal to government or to file a WP in the HC? If he wants to file a WP, whether he can do it after filing appeal to government or without filing any appeal he can file a WP?

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