R SEKAR Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) With the consent of both parties, the writ petition itself is taken up for final disposal, as the matter lies in narrow campus.

(2.) The petitioner was working as Village Administrative Officer, Adukkam Village, Kodaikanal Taluk, Dindigul District. He was imposed with the punishment of stoppage of increment for six months without cumulative effect by the District Collector, Dindigul by an order dated 08.02.2010 based on the charge memo issued under Rule 17(a) of Tamil Nadu Civil Services (Disciplinary & Appeal) Rules. The petitioner paid the amount towards stoppage of increment amount issued on 18.02.2010 and the receipt for having paid is enclosed at page No.5 of the typed set of papers . Thereafter, the petitioner applied for the post of Junior Co-operative Auditor and he was selected through Tamil Nadu Public Service Commission. The petitioner's probation as Junior Co-operative Auditor was declared on 28.05.2012. The next avenue of promotion to the post of Junior Co-operative Auditor is Senior Co-operative Auditor. The second respondent issued the panel dated 01.03.2013 to the post of Senior Co-operative Auditor, in which, the name of the petitioner was not included in the panel and on the other hand, his name was included in Annexure II of the order stating that his non-inclusion is due to the check period of five years after penalty of minor punishment that was imposed on him.

(3.) The petitioner has filed this writ petition seeking to quash the aforesaid order dated 01.03.2013.