R MUTHUKRISHNAN Vs. REGISTRAR OF COOPERATIVE SOCIETIES

JUDGEMENT

(1.) THE petitioner has filed the present Writ Petition seeking the relief of Certiorari to call for the records of the first respondent in proceeding Rc.No. 39355/2005/EM.I(2) dated 4.10.2006 and to quash the same.

(2.) THE petitioner has been appointed as Junior Assistant on 02.08.1976 through Tamil Nadu Public Service Commission. Subsequently, he has been promoted as Junior Inspector during the year 1980 and further promoted as Senior Inspector in the year 1983. He has been served with a Charge Memo on 22.7.1992 alleging that the petitioner was engaged in private trade of selling tiles. A domestic enquiry has been conducted and an enquiry report on 28.4.1994 has been submitted in and by which, it is held that the charge levelled against the petitioner has been found to be proved and consequently, a punishment of withholding of increment for a period of three months without cumulative effect has been imposed on the petitioner.

(3.) THE contention of the learned counsel for the petitioner is that the punishment imposed on the petitioner dated 28.04.1994 stopping the increment for a period of three months without cumulative effect got expired on 28.07.1994 and as a matter of fact, the petitioner has become eligible to be considered for promotion on cessation of punishment namely, viz. on 28.7.1994 itself and even if the petitioner has been promoted after the punishment period, then he would have been promoted in the year 1994 itself and as on date, he is eligible to function as Co-operative Sub Registrar.