S S KULANDAISAMY Vs. ASSISTANT CHIEF MANAGER HOTEL

JUDGEMENT

(1.) THE petitioner is working in the Hotel Tamil Nadu Nadu, Thanjavur under the control of the second respondent since 2001, in charge of Bar Section. He was appointed in the post of Room Boy-cum-waiter. Additionally, he was given in charge of Bar Section. THEre is a Bill Clerk-cum-Cashier apart from Store Keeper.

(2.) IT is stated that the petitioner was asked to work as Bill Clerk-cum-Cashier along with his duty as Room Boy-cum-Waiter. The second respondent issued an order of suspension against the petitioner on 13.12.2004, informing that grave charges were contemplated against him. Thereafter, in the proceedings dated 11.1.2005, the second respondent issued charge sheet against the petitioner containing five charges alleging (i) that the petitioner has misappropriated a sum of Rs.943/- by issuing actual bill for Rs.1395/- by making a carbon entry of Rs.452/- during the period of sale between 5.6.2004 and 30.7.2004; (ii) that he sold adulterated drinks; (iii) that he tampered records; (iv) that he omitted to make entry in the register and thus caused loss to the Corporation; and (v) that he committed misuse of powers.

(3.) IT was, against the order of second respondent, the petitioner filed an appeal on 27.4.2006 before the first respondent. The first respondent, modified the punishment into one of stoppage of increments for two years with cumulative effect on 10.7.2007. IT is, against the said order, the present writ petition has been filed on the ground that the petitioner was holding the post of Room Boy-cum-Waiter and no responsibility of making entries and cash receipts was attached and he was only looking after the sale on oral instructions, in respect of which proceedings were initiated on the basis of anonymous letter relying on the photo copy of the customer bill and the copy of bill was not furnished to the petitioner. IT is stated that all the charges are based on two points viz., the petitioner has not made proper entry and the petitioner has sold adulterated stock. IT is stated that in the disciplinary proceedings that the photo copies of receipts were relied upon, which can be fabricated and the entire proceedings are mala fide and in any event, the punishment is disproportionate to the charges.