K B VENKATACHALAM Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The writ petitioner who was originally appointed as Assistant Engineer on 1.6.1978, having been selected through Tamil Nadu Public Service Commission, was subsequently promoted as Assistant Executive Engineer on 1.11.2001 and posted to K.W.S.P. Division-I Sub Division-II, Sadurangpattinam. While he was working as Assistant Engineer, he was issued a charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules on 31.7.1989 for an occurrence in the year 1988, when the petitioner was working as Assistant Engineer Incharge in Kalavarapalli Reservoir Project. The crux of the charge is that he has allowed wrongful overpayment to the contractor to the extent of Rs.16,971/- by way of over classification of soil in the earth work excavation and he has deviated from the scheme without orders and therefore, was responsible for constructing three numbers of drop at places.

(2.) The petitioner submitted his explanation and an enquiry was conducted and report filed to the effect that charges are proved. To the memo issued along with the enquiry report, the petitioner has submitted his further representation and thereafter, the first respondent has passed the order of punishment of stoppage of increment for two years with cumulative effect, besides recovery of Rs.3,456/- in G.O.(D) No.252, Public Works (E2) Department, dated 15.7.1997.

(3.) The petitioner was due for promotion as Assistant Executive Engineer but was not considered for the year 1997-1998 because of the pendency of charge and for the year 1998-1999 also his name was not considered because of currency of punishment and that was also the reason assigned for the year 1999-2000. He was considered for promotion and promoted as Assistant Executive Engineer on 1.11.2001 by overlooking him in three consecutive panels.