MANAGING DIRECTOR Vs. K.P. SUGUMAR

JUDGEMENT

(1.) Challenge in this appeal is the Order dated 14.3.2011 made in W.P.No.26384 of 2008 quashing the proceedings in CMWSSSB/P&A/ VC(A)/17981/2008 dated 22.9.2008 passed by the 2nd appellate Board and directing the appellants to reinstate the respondent with continuity of service, but without back wages.

(2.) The respondent joined the services of Chennai Metropolitan Water Supply and Sewerage Board (in short, "CMWSSB") as Surveyor-cum-Draftsman in the year 1983 and thereafter promoted as Junior Engineer. While serving as Junior Engineer, the respondent was issued with a charge memo dated 13.7.2006 alleging breach of integrity and devotion to duty stating that that the respondent while working as Junior Engineer in the Area Office VII, though he was not a competent Pay Drawing Officer, he has given undertaking as Pay Drawing Officer to the Union Bank of India, Vadapalani Branch, Chennai 26 in respect of 20 employees of CMWSSB for getting personal loans from the said Bank and upon his undertaking, the Union Bank of India, Vadapalani Branch has also granted personal loans to those employees during June 2002 and later those employees had defaulted in repaying the loan instalments. The respondent, though acknowledged the charge memo on 9.8.2006, has not submitted his explanation. The Enquiry Officer was appointed. The respondent appeared before the Enquiry Officer on 18.5.2007 and he is alleged to have accepted the allegations made. The Enquiry Officer concluded that the charges framed against the respondent are proved since the respondent himself has accepted the charges framed against him.

(3.) The Employment Committee is the competent disciplinary authority to pass final orders in the cadre of Junior Engineer. The Employment Committee took note of the findings of the Enquiry Officer that the delinquent/ respondent himself has admitted the charges framed against him. The Committee also took note of the fact that the respondent had also committed similar kind of offence in getting personal loan from TNSC Bank Limited, Periamet Branch, Chennai 7 for 15 numbers of employees/workers and in proceedings No.CMWSSB/P&A/VC2 20845/2006, dated 8.2.2005, the respondent was awarded punishment of stoppage of increment for three years without cumulative effect and even thereafter the respondent has not corrected himself but has repeated the same offence and he has brought disrepute to the Board by his Act. Finding that the proved charges are serious in nature, which warrants severe punishment, the Employment Committee imposed punishment of "removal from service" for the proved charges against the respondent.