L SARASWATHI Vs. STATE OF TAMIL NADU; DEPUTY DIRECTOR OF HORTICULTURE, TIRUNELVELI; COMMISSIONER FOR DISCIPLINARY PROCEEDINGS

JUDGEMENT

(1.) Challenge in this Writ Petition is to the orders, dated 24.02.2003 and 30.06.2009, whereby and whereunder, the petitioner was imposed with the punishment of withholding of her increment for one year without cumulative effect and also ordered recovery of the loss amount of Rs.30,000/- at the rate of Rs.1,000/- per month, starting from July 2009 and for a direction to the respondents to restore the seniority, pay, promotion, arrears and all consequential benefits in accordance with law.

(2.) The case of the petitioner is that she has been serving as Horticultural Officer in the office of the second respondent. While she was working as Horticultural Officer, WGDP, Nanguneri, two charges were framed against her, on 24.01.2002, that she failed to maintain absolute integrity and devotion to the duty and conducted herself in a manner unbecoming of a member of the service, thereby violating Rule 20 of the Tamil Nadu Government Servants Conduct Rules, 1973 and also made false entry in the Stock Register, as though she had received 30,000 pepper rooted cuttings, on 24.03.1996, and 30.03.1996, and also prepared records, showing that the same was distributed to 19 farmers at free of costs. On receipt of the charge memo, the petitioner submitted her explanation. Having not satisfied with the explanation offered by the petitioner, the case was referred to the third respondent, which was taken on file as T.D.P.Case No.1 of 2002, after a delay of six years.

(3.) A common enquiry was conducted against seven officers, including the petitioner herein. The Enquiry Officer, while holding that the charge No.1 was not proved, concluded that the charge No.II was proved against the petitioner. The first respondent, by the proceedings, dated 30.06.2009, imposed the punishment of withholding of increment for a period of one year, without cumulative effect, besides recovery of Rs.1,000/- per month for 30 months starting from the month of July 2009. In the above circumstances, the present Writ Petition has been laid.