P SWAMIKANNU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD both sides.

(2.) THE petitioner was employed as Grade-II Warder in the Central Prison, Cuddalore. A charge memo dated 22.09.1998 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules was issued to the petitioner alleging that on 18.04.1987 while he was in service, he reported to duty 25 minutes belatedly and also that he used abusive language against the Department as well as the high officials. THE petitioner filed Original Application in O.A.No.318 of 1999 before the Tamil Nadu Administrative Tribunal seeking to quash the aforesaid charge memo dated 22.09.1998 and also obtained stay of further proceedings. Ultimately, the Tribunal passed an order dated 08.11.2001 in O.A.No.318 of 1999 holding that the charge memo dated 22.09.1998 served on the petitioner shall be deemed to have been issued under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. THE petitioner submitted his explanation denying the allegations. However, the first respondent passed the impugned order dated 19.01.2002 imposing the punishment of increment cut for a period of six months without cumulative effect. Challenging the same, the petitioner filed Original Application in O.A.No.2113 of 2002 before the Tamil Nadu Administrative Tribunal.

(3.) ON the other hand, the learned Special Government Pleader sought to sustain the impugned order based on the reply affidavit filed by the respondents.