C. SUBRAMANI Vs. THE GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was appointed initially as a Forrest Guard. From 4.1.2014 onwards, he was working as Forester in Palacode Range. Charges have been framed against the petitioner on 24.4.2012 and accordingly the petitioner was fixed the liability to pay a sum of Rs.3,61,395/ -. The recovery was directed to be made in 44 instalments commencing from May, 2012. The petitioner made an appeal before the 3rd respondent. Inspite of the order passed by this Court to dispose of the same at the earliest point of time, the appeal is yet to be disposed of. In the meanwhile, the promotion panel was drawn fixing crucial date as 15.8.2012 and 15.8.2013. The petitioner was not considered in view of the currency of punishment of recovery. Under those circumstances, the petitioner has filed the present writ petition.

(2.) LEARNED counsel for the petitioner submitted that the appeal filed by the petitioner has not been disposed of in spite of the directions issued by this Court in W.P.No. 1467 of 2013 by Order dated 23.5.2013. Out of the sum of Rs.3,61,395/ -, the petitioner has paid about Rs.2 lakhs. Even as per the amendment made in Government letter Ms.No. 54/S/2009, dated 19.5.2009, the petitioner is eligible to be considered for the ensuing year. Therefore it is submitted that appropriate directions may be issued to the authorities.

(3.) ADMITTEDLY , the punishment imposed on the petitioner is not a major punishment. The Government letter by which the amendment has been made to G.O.Ms.No. 248 Personnel and Administrative Reforms Department dated 20.10.1997 is extracted hereunder: