DIRECTOR OF MUNICIPAL ADMINISTRATION CHEPAUK Vs. P RAMAMOORTHY

JUDGEMENT

(1.) THIS writ appeal has been filed against the order dated 13.11.2009 passed by a learned Single Judge of this court in W.P.No.35736/2005, which was filed to issue a writ of certiorari to call for the records relating to the order dated 08.08.2002 passed by the first respondent therein / appellant herein and to quash the same.

(2.) THE first respondent joined as Village Administrative Officer in the year 1986. THEreafter, he was transferred and posted as Junior Assistant in the second respondent Municipality on 26.09.1990. THE posts of Junior Assistant and Cashier are one and the same and they are inter-transferable. While he was working as Cashier in the second respondent Municipality, a charge memo dated 12.05.2000 was issued to him alleging certain irregularities. Based on the said charge memo, a show cause notice dated 13.09.2000 was issued to him asking him to show cause as to why he should not be removed from service for the alleged irregularities. He submitted his explanation to the said show cause notice. After considering his explanation, the second respondent, by order dated 30.03.2001, imposed the punishment of stoppage of increment for five years with cumulative effect and also treated the period of suspension as punishment. THE first respondent accepted the said punishment and it became final. When that being so, the appellant herein issued another show cause notice dated 08.08.2002 asking him to submit his explanation within 15 days from that date as to why the said punishment of stoppage of increment for five years with cumulative effect should not be converted into one of removal from service as per Rules 20 and 25 of the Tamil Nadu Municipal Services (Discipline and Appeal) Rules, 1970. He submitted his explanation to the said show cause notice on 29.08.2002. Again, during the second week of October 2005, he was asked to submit his explanation to the said show cause notice dated 08.08.2002. THErefore, he filed W.P.No.35736/2005 seeking the relief referred to above. A learned Single Judge of this court, allowed the writ petition. Aggrieved by the same, the appellant has filed the present writ appeal.

(3.) ACCORDING to the first respondent, pursuant to the charge memo dated 12.05.2000 and show cause notice dated 13.09.2000, he submitted his explanation; the second respondent, only after considering the same, imposed the punishment of stoppage of increment for five years with cumulative effect by order dated 30.03.2001; the said punishment had become final and when that being so, converting the above punishment by the appellant, by order dated 08.08.2002 into one of removal from service, by exercising suo motu powers under Rules 20 and 25 of the Tamil Nadu Municipal Services (Discipline & Appeal) Rules, 1970, is illegal and it is contrary to Rule 36(3) of the Tamil Nadu Civil Services (D & A) Rules. It is also his case that, only after considering the explanation submitted by him to the first show cause notice, the said punishment of stoppage of increment for five years with cumulative effect was imposed on him on 30.03.2001, which had become final and therefore, issuing the second show cause notice on 08.08.2002 i.e., after a period of more than one year, to review the punishment already imposed, is totally unjustified, especially when Rules 20 and 25 of the Tamil Nadu Municipal Services (Discipline & Appeal) Rules do not provide for any specific time limit to review the punishment already imposed.