E SARAVANAN Vs. CHAIRMAN CHENNAI PORT TRUST

JUDGEMENT

(1.) Since both the appeals are inter-connected with each other, in fact off-shoots of one and the same dispute, they are heard together and are being disposed of by this common judgment.

(2.) The appellant in both the Writ Appeals was first appointed as Clerk on 19.8.1985 in the Chennai Port Trust and later on promoted as Junior Assistant in the year 1990. The next promotional avenue for the appellant was Senior Assistant. While he was working as the Junior Assistant, he was arrested for his alleged involvement in a container theft case in the Container Terminal in the year 1996 and he was also placed under suspension w.e.f. 22.5.1996. The suspension period of the appellant was thereafter revoked by the order of the respondents dated 17.6.1998 and the appellant joined duty on 22.6.1998. The period of suspension was also ordered to be treated as duty for all purposes by the subsequent order dated 29.3.2000. Thereafter, the appellant was acquitted by the criminal court, by giving benefit of doubt. However, departmental proceedings were initiated against the appellant on the following two counts:

(3.) In the departmental enquiry proceedings, since the appellant himself has accepted the first charge and further considering the fact that he was acquitted by the criminal court in the criminal case under benefit of doubt, the respondents have taken a lenient view and a punishment of stoppage of next increment for a period of one year, without cumulative effect, was inflicted on him by the order dated 29.3.2000 and the period of punishment was from 31.3.2000 to 30.4.2001. By this order, the period of suspension was also ordered to be treated as duty for all purposes.