B ASHOK KUMAR Vs. TRANSPORT COMMISSIONER CHENNAI

JUDGEMENT

(1.) THE petitioner joined the service as Junior Assistant on 16.08.1977. He was promoted as Assistant on 15.11.1989. He was further promoted as Superintendent on 10.11.2000. While so, pursuant to the disciplinary action taken against the petitioner, the respondent imposed the punishment of reduction in rank as Assistant for three years by an order dated 22.11.2007. THE punishment period expired on 21.11.2010. THE petitioner sought restoration to the post of Superintendent on 22.11.2010. When the petitioner gave a representation dated 23.11.2010 requesting the respondent to restore him as Superintendent, the same was rejected by the respondent by the impugned order dated 24.03.2011 on the ground that the petitioner joined duty in the demoted post only on 21.11.2008 and he was on leave in the demoted post from 03.12.2007 to 20.11.2008 and therefore, that leave period could be excluded for three years computation and he would be permitted to join as Superintendent after the said leave period. In these circumstances, the petitioner has filed the present writ petition seeking to quash the aforesaid order dated 24.03.2011 of the respondent.

(2.) THE respondent filed a counter affidavit refuting the allegations.

(3.) IT is relevant to extract the Fundamental Rules 29 and the same is extracted hereunder: