R. RAMAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) THE writ petition is the transferred O.A.No.1245 of 2003 filed on the file of the Tamilnadu Administrative Tribunal wherein the petitioner has challenged the order of dismissal from service.

(2.) THE case of the petitioner is that he joined police service as Police Constable on 25.10.1993. He absented from duty on 04.01.1999 continuously for a period of 21 days and he was declared as deserter by the fifth respondent and a disciplinary action was initiated against him in P.R.No.60/1999. The petitioner was imposed with punishment of stoppage of increment for two years without cumulative effect by proceedings of the fifth respondent dated 09.07.1999. Since the petitioner was ill due to non function of his left leg and hand, he was not able to report duty in pursuant to the said order. However, the petitioner was further issued with another charge by alleging that he absented himself from duty even after the order made in P.R.No.60/99. His absent was neither wilful nor wanton but only due to his ill health. The petitioner was served with charge memo on 05.05.2000. In pursuant to the disciplinary proceedings, the fifth respondent passed the final order imposing an extreme punishment of removal from service on 05.06.2000. The petitioner had neither deserted nor absented from duty prior to these two occasions. Only due to the sudden ill health, he could not attend the duty. After exhausting all the departmental appeal remedies, the present challenge is made before the Tribunal.

(3.) THE learned counsel appearing for the petitioner has submitted that the petitioner is aggrieved against the quantum of punishment imposed on him and the punishment of removal from service is shockingly disproportionate to the charge levelled against the petitioner. He further submitted that the issue involved in this case with regard to the quantum of punishment is directly covered by the decision of the Hon'ble Division Bench in W.A.No.58/2011 dated 27.01.2011. Thus, he submitted that the punishment has to be modified.