P KUMAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Heard the learned Counsel appearing for the petitioner and the learned Government advocate for the respondents.

(2.) This writ petition is directed against, the impugned charge memo issued by the third respondent against the petitioner dated February 15, 2005 and consequential order dated March 9, 2005 by which an order of punishment of withholding the increment for a period of six months without cumulative effect came to be passed. The petitioner was appointed by the Joint Director (Craftsmen Training) of the commissionarate of Employment and Training, Chennai-5 on April 27, 1998 temporarily as a Junior Training Officer and posted at Hosur. Thereafter, on April 29, 1998 within two days, the same authority has modified the earlier order and posted the petitioner to the Government Industrial; Training Institute, Salem as Junior Training officer (Maths) cancelling the earlier order dated April 27, 1998. The third respondent by his proceedings, dated July 7, 2004 has allotted the petitioner and Ors. to the Industrial; Training Institute, Salem, he being the Deputy Director as well as the Principal on August 16, 2004, the third respondent in his memo, on the basis of a letter of a training officer one K.Rajarethinam that when he visited on August 13, 2004 at 6.45 p.m., the petitioner was not available in the class room and he having obtained permission between 7.30 p.m to 8.30 p.m. has left at 6.45 p.m. itself and on enquiry found that from 5.30 p.m. to 7.30 p.m. he has not taken class has called upon the petitioner to explain for the same. In a reply dated September 8, 2004 addressed to the third respondent, the petitioner has stated that on the said day between 7.30 p.m. to 8.30 p.m. he sought permission from the said K. Rajarathinam to go for a temple and that request was granted at 6.40 p.m. However, due to the reason that he had to attend the nature's call for four times and due to dysentry, he was unable to be present in the class at 6.45 p.m. to 7.30 p.m and he became alright only at 10 p.m. on the said day and it was due to that reason, he was not able to enter the attendance register also. It is stated that thereafter, the Joint Director (Craftsmen Training) of the Commissionarate of Employment and Training has transferred him on December 13, 2004 to the Government Industrial Training Institute, Tiruchendur.

(3.) It is the case of the petitioner that it was based on the above said explanation submitted by him on September 8, 2004, there was an enquiry conducted by the Regional Joint Director by examining Vice Principal Mr. Natarajan and the Training Officer, K. Rajarathinam. However, no enquiry report was submitted and therefore, the transfer order, dated December 13, 2004 according to the petitioner was made by way of punishment for the said memo issued on August 16, 2004.