M. SHANMUGAM Vs. THE SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) BEING aggrieved by the Government Order in G.O.(2D)No. 37, Home (Transport -II) Department dated 28.01.2009, whereunder a punishment of stoppage of increment for a period of 2 years with cumulative effect was imposed against the appellant herein, the writ petitioner/appellant came up with the instant writ petition. The learned Single Judge, having examined all the facts of the case, came to the conclusion that no grounds were available to interfere with the impugned order and consequently the writ petition was dismissed.

(2.) THE instant appeal is preferred against the said order on several grounds, mainly the enquiry officer has not examined all the relevant facts while holding the second charge as proved, when other two charges were not found proved. It was further contended that the enquiry was proceeded on the basis of conjectures and surmises that if a car is purchased by the wife, that must have been funded by the writ petitioner / appellant.

(3.) THE facts in brief are that the writ petitioner / appellant while working as Motor Vehicle Inspector, Grade II at Coimbatore, was served a charge memo dated 12.11.2004 on three counts. The petitioner / appellant submitted his reply on 01.02.2005. Being not satisfied, an Enquiry Officer was appointed. The Enquiry Officer submitted his report on 08.11.2006. Thereafter, an opportunity was afforded to the petitioner / appellant to file his reply to the enquiry report, which was also filed on 27.02.2008. Agreeing with the enquiry report, the disciplinary authority imposed the aforestated punishment.