M JAYAKUMAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner was working as Warder Grade-II at the Central Prison-II, Puzhal, Chennai. He was initially appointed on 25.03.1998 and has been working continuously without any blemish whatsoever in service . While so, a charge memo dated 02.07.2004 was issued to the petitioner by the Superintendent, Central Prison, Vellore / 4th respondent herein and the same was issued for his misconduct, while he was undergoing training in the Warders Training School, Vellore during the relevant point of time.

(2.) The crux of the charge against the petitioner is that the petitioner as well as yet another Warder Thiru Solomon used abusive words against the higher officials in front of the Jailer Thiru Ramamoorthy. An enquiry was conducted. Thereafter, the petitioner was dismissed from service by an order dated 05.08.2004 by the 4th respondent.

(3.) The petitioner filed an appeal against the order of dismissal before the 3rd respondent and the 3rd respondent dismissed the appeal on 19.08.2004, confirming the order of the 4th respondent. Subsequently, the petitioner preferred a revision petition before the 2nd respondent and the 2nd respondent also rejected the revision petition on 20.12.2004. Thereafter, a review petition was submitted to the 1st respondent and the 1st respondent vide its impugned order dated 18.12.2006 set aside the punishment of dismissal from service and modified the same into stoppage of increment for 5 years with cumulative effect. The petitioner has fled this writ petition to quash the aforesaid order dated 18.12.2006.