K VIJAYAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) In this Writ Petition, the petitioner seeks for issuance of a writ of Certiorarified Mandamus to quash the order passed by the first respondent, dated 18.02.2011, and to direct the respondents to extend all service benefits to the petitioner in the cadre of District Revenue Officer. By the impugned order, the first respondent imposed a punishment of stoppage of increment for a period of one year without cumulative effect.

(2.) The petitioner was functioning as a Deputy Collector and during 2005-06, she was posted as Co-ordinator-cum-Special Tahsildar (Land Acquisition) Outer Ring Road Project, Unit-6, Chennai -92, a charge memo was issued to the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, (Rules), containing three articles of charge, which reads as follows:-

(3.) The petitioner submitted her explanation on 22.07.2009 in respect of the first charge, where the allegation was the petitioner failed to ensure the completion of all three modes of publication under the provisions of the Land Acquisition Act, within a period of 60 days and was responsible for the lapse of the notification under Section 4(1) of the Act. The petitioner would state that the Land Acquisition Officer expressed urgency and she passed on the file for publication and while calling for the details of Gazette Publication, the Land Acquisition Officer or Special Tahsildar (Land Acquisition) has not given the particulars and compelled the petitioner to pass on the file for publication in the newspaper, as it is very urgent. It is further stated that the Land Acquisition Officer informed the petitioner that she alone is responsible for any delay or lapses and the petitioner should pass on the file.