S MOHANDASS Vs. CHAIRMAN CHENNAI PORT TRUST

JUDGEMENT

(1.) THE petitioner, Mr.S.Mohandoss initially was appointed as Pharmacist Grade-II in the year 1978. He came to be posted as Pharmacist Grade-I in the year 1986 and, thereafter, he was promoted to the post of the Store supervisor in the year 2001. Unfortunately certain irregularities were found as the petitioner failed to inform his superior officer about the four boxes that contained excess medicines, which were left unaccounted.

(2.) SINCE the above said lapses amounted to misconduct as per the Clause-4 (ix) 4 (xx) read with 3 (ii) of the Madras Port Trust Employees' (Conduct) Regulations 1987, the petitioner was issued with the show cause notice dated 31.01.2003. In response to the said show cause notice, a detailed explanation, dated 26.02.2003, was submitted by the petitioner refuting the allegations and requesting for dropping the entire charges. As the explanation submitted by the petitioner was found to be unacceptable, an enquiry was conducted. The Enquiry Officer submitted a detailed report holding that none of the charges stood proved as against the petitioner. But, the first respondent, the Appellate Authority, in so far as the Rules and Regulations are concerned, by stepping into the shoes of the Disciplinary Authority, by deviating from the report submitted by the Enquiry Officer, imposed a penalty of withholding of Increment for 2 years with cumulative effect.

(3.) THE learned counsel for the petitioner also submits that the present impugned order will not stand to the scrutiny of this court, as conceded by the learned counsel for the respondent, since the Appellate Authority has imposed the punishment of stoppage of increment of two years with cumulative effect, without issuing prior notice to the petitioner.