M INIYARASU Vs. CHAIRMAN TNEB

JUDGEMENT

(1.) THE petitioner has come forward with the above writ petition seeking for the relief of quashing the order of the 3r respondent dated 25.08.2009 and consequently, direct the respondents to include the petitioner in the panel for promotion as Assistant Executive Engineer for the year 2002 in Memo No.003714/8/G1/G11/2002-24 dated 15.06.2002, consequently revise the seniority of the petitioner and refix in the appropriate place between Mr. C. Jayapal and Mr. S. Marudhanayagam, with all consequential benefits.

(2.) THE case of the petitioner is that he was appointed as Assistant Engineer on 12.11.1987 and he became eligible to be promoted as Assistant Executive Engineer in the year 2001. THE petitioner has been imposed with a punishment of stoppage of 2 increments with cumulative effect on 29.07.2000 pursuant to the charge framed on 27.03.1998 and his name was not included in the panel drawn in the year 2001 due to the said punishment. THE petitioner also suffered the punishment of censure on 07.08.2000. THE petitioner preferred appeals against both the censure and the stoppage of 2 increments with cumulative effect. THE appeal filed against censure was dismissed and the appeal against the stoppage of 2 increments was modified to one that of stoppage of one increment with cumulative effect. THE petitioner has further preferred a memorial petition before the 1st respondent and the 1st respondent, by his order dated 27.02.2002, has further modified the punishment to one that of stoppage of one increment without cumulative effect.

(3.) THIS court carefully considered the rival contentions put forward by either sides and perused the material available on record.