F ISMAIL PILLAI ANNAVI Vs. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, MICRO, SMALL AND MEDIUM ENTERPRISES (E II 2) DEPARTMENT, INDUSTRIES COMMISSIONER AND DIRECTOR OF INDUSTRIES AND COMMERCE

JUDGEMENT

(1.) The Petitioner has come forward with this petition seeking for the relief of quashing the G.O(2D) No. 17, Micro Small and Medium Enterprises, (E.II.2) Department dated 18.03.2010 issued by the Additional Chief Secretary to Government, Micro, Small and Medium Enterprises, (E.II.2) Department, Chennai, the first Respondent herein, in confirming the proceedings of the Industries Commissioner and Director of Industries and Commerce, Chepauk, Chennai-5, the second Respondent herein, made in Rc. No. 21433/EG 4/2005 dated 29.10.2008 and directing the Respondents herein to disburse the service benefits which has been withheld by the Respondents on account of the above penalty namely (a) Sanction of annual increments (b) Denial of promotion to the post of Assistant Director of Industries and Commerce (Industrial Cooperatives) on par with Junior (c) Seniority and all other benefits attached to the post and consequently to disburse all the arrears accrued thereon within a stipulated time.

(2.) The case of the Petitioner is that the Petitioner joined the service as Industrial Cooperative Officer in the Industries Department on 13.09.1993 and he is due for his retirement on 31.05.2012. The Petitioner was issued with a charge memo dated 18.07.2005 under Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules. As per the charge memo, the following allegations were levelled against the Petitioner:

(3.) In the enquiry, the Enquiry Officer has straight away questioned the Petitioner alone. Thereafter, the Enquiry Officer accepted all the documents presented by the department, but no witnesses have been examined to prove the documents nor an opportunity was given to cross examine the witnesses. Ultimately, the Enquiry Officer has held that except charges 5, 8 and 9, all the other charges are held to have been proved against the Petitioner. The Enquiry Report was furnished to the Petitioner on 11.03.2008 and the Petitioner has sent a further representation to the findings of the Enquiry Officer on 01.04.2008.