LAWS(MAD)-2010-1-6

G ADAVAN Vs. GOVERNMENT OF TAMIL NADU

Decided On January 06, 2010
G. ADAVAN Appellant
V/S
GOVERNMENT OF TAMIL NADU Respondents

JUDGEMENT

(1.) The writ petitioner was appointed as Junior Assistant on 16.1.1984 and promoted as Assistant on 15.10.1990 and as Extension Officer on 13.4.2006. His next cadre of promotion is Block Development Officer. It is the case of the petitioner that originally he was due for promotion as Extension Officer in May, 2001 on par with his junior one Mr. Jayakumar who is stated to have been further promoted as Block Development Officer on 23.6.2008.

(2.) The promotional avenue of the petitioner is stated to have been curtailed because he was facing charges on 30.9.1997 for an incident which is said to have taken place in 1986. It is stated that while he was working as Junior Assistant in Panchayat Union at Kurinjipadi, Cuddalore District from 11.8.1986 to 2.11.1987, in respect of the bill prepared by him for a sum of Rs. 67,541/- for the purchase of pipe materials, he is said to have caused loss to the extent of Rs. 5628.75 to the panchayat funds. It was, for the said incident said to have taken place in 1986, a charge memo was issued on 30.9.1997.

(3.) The impugned orders are challenged on various grounds that the same are arbitrary and illegal, that the disciplinary proceedings and the charge memo issued by the second respondent dated 30.9.1997 are not valid in law, that the charge memo was issued after a long delay of 11 years, that the consequential order issued by the second respondent by imposing stoppage of increment for one year with cumulative effect is illegal since in respect of Mr. Saravanan, the second respondent has taken a different stand, that while rejecting the revision filed by the petitioner, the first respondent did not take note of the above said facts and that the petitioner was not involved in the incident inasmuch as the accounts had already been submitted much earlier to the petitioner joining in that particular station.