J. R. CLEMENT REGIS Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER, DISTRICT ELEMENTARY EDUCATIONAL OFFICE, TIRUNELVELI, TIRUNELVELI DISTRICT

JUDGEMENT

(1.) This appeal has been preferred by the appellant challenging the order of the learned Single Judge, by which, a partial relief has been given, by modifying the impugned order passed by the first respondent, dated 06.07.2012.

(2.) The appellant was working as a Secondary Grade Teacher. Proceedings were initiated against him by framing charges under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Pursuant to the enquiry conducted, he was removed from service. The order of dismissal was set aside by the order of this Court and the matter was remitted back to the first respondent for passing fresh orders only in respect of quantum of punishment. Accordingly, the impugned order was passed.

(3.) Once again, the said order was challenged by the appellant before the learned Single Judge in W.P.(MD)No.2839 of 2013. The learned Single Judge upon considering the relevant materials including the nature of charges framed, was pleased to modify the punishment imposed by holding that the misconduct is only negligence. Accordingly, the order of punishment has been modified as to one of stoppage of increment for a period of three years without cumulative effect. Not being satisfied with the said order, the present appeal is filed.