M DORAISWAMY Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) AT the time of filing of the Original Application before the Tamilnadu Administrative Tribunal, Chennai, the petitioner was aged 57 years and was working as Assistant Conservator of Forests, Forest Protection Squad, Nilgris. He entered the Forest Department as a Research Forester on 29.07.1968 through employment exchange and thereafter, on completion of the qualifying examination conducted by the Government, was chosen as Ranger.

(2.) FOR certain allegations of the year 1983, disciplinary action was initiated and that the petitioner was imposed a penalty of stoppage of increment for six months without cumulative effect by the District FORest Officer, Uthagamandalam on 09.01.1991. A punishment of censure was also imposed by the District FORest Officer, Tiruvannamalai on 17.02.1994. The petitioner was also implicated in a criminal case, which ended in acquittal by the Assistant Sessions Judge, Tiruvannamalai on 27.04.2000.

(3.) IN addition to the above facts, placing reliance on the Government letter Ms.No.248, PAR(S) Department, dated 20.10.1997, Mr.M.Ravi, learned counsel for the writ petitioner submitted that though the punishment of stoppage of increment for six months without cumulative effect has been inflicted within the check period of five years, yet as the incident related to the year 1983, proviso to paragraph No.4(II)(2) of the above said Government letter would be applicable to the case of the petitioner and in such circumstances, the punishment ought not to have been held against the writ petitioner. He also submitted that as the Criminal case has ended in acquittal, the petitioner is entitled for retrospective promotion.