SUPERINTENDING ENGINEER Vs. S SIVAMANI

JUDGEMENT

(1.) THE appellants (hereinafter referred to as "the Board") are the respondents in W. P. No. 17778 of 1993 filed by the respondent herein (hereinafter referred to as "the employee") challenging the order dated 21. 6. 1993, whereunder the Board proposed to recover a sum of Rs. 26,628. 30 towards the loss sustained by the Board, due to the neglect of work found to have been committed by the employee in a disciplinary action initiated against him pursuant to the charge memo dated 18. 7. 1989.

(2.) CONCEDEDLY, two charges were framed against the employee in the departmental enquiry, viz. ,

(3.) AFTER due enquiry, the enquiry officer in his report dated 18. 12. 1989 found that the first charge referred to above was proved however, the second charge was not proved. Pursuant to the said enquiry report dated 18. 12. 1989, a punishment was imposed on the employee awarding stoppage of one increment without cumulative effect and thereafter, by a notice dated 21. 6. 1993, which is impugned in the writ petition, the Board proposed to recover a sum of Rs. 26,628. 30 from the employee towards the loss sustained by the Board and the same was challenged by the employee in W. P. No. 17778 of 1993, on two grounds, viz. ,