E THASIYAN Vs. CONSERVATOR OF FORESTS THIRUNELVELI CIRCLE

JUDGEMENT

(1.) THE petitioner was working as a Forest Ranger. He was issued with a charge memo dated 30.04.1999 under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (shortly "the Rules") making certain allegations. On the ground that the petitioner did not submit his explanation on the charge memo, straight away the impugned order dated 25.01.2001 was passed by the first respondent ordering recovery of a sum of Rs.1,41,339/-. THE petitioner challenged the same by filing Original Application in O.A.No.5149 of 2001 before the Tamil Nadu Administrative Tribunal.

(2.) THE respondents filed reply affidavit refuting the allegations made by the petitioner.

(3.) IT is true that for imposing minor punishments, namely, (i) censure (ii) fine (iii) withholding of increments and (iv) recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders etc., Rule 17(a) of the Rules does not contemplate holding of enquiry before imposing those punishments. But the second proviso to Rule 17(a) of the Rules contemplates that if a punishment to withhold increments of pay without cumulative effect for a period exceeding three years or to withhold increment of pay with cumulative effect for any period, the procedure laid down in rule 17(b) of the Rules shall be followed.