G ARUMUGAM Vs. SECRETARY, GOVERNMENT OF TAMILNADU

JUDGEMENT

(1.) The petitioner joined duty as Extension Officer (Administration) ON 2.11.1998 in Gummidipoondi Block. By the proceedings dated 21.1.1999 he was transferred and posted as Extension Officer (RLEGP) in the same Gummidipoondi Block and he was relieved from the post of Extension Officer (Administration) on 27.1.1999. He did not join duty in the transferred post and proceeded on leave from 27.01.1999 to 15.03.2001 by submitting the leave applications and stayed away from duty without any information from 16.03.2001 to 19.03.2003. Accordingly, charges were framed against him under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules for having stayed away from duty from 16.03.2001 to 19.03.2003 and for violation of Rule 18(3) of the Fundamental Rules. The Enquiry Officer found that the two charges framed against the petitioner were proved. The petitioner was inflicted with the punishment of stoppage of increment for six months with cumulative effect as per the Order of the third respondent dated 25.11.2004, against which the petitioner has preferred an appeal before the 2nd respondent and the same was rejected by Order dated 26.9.2005. Challenging the said order, the petitioner filed Writ Petition No. 3005 of 2006 before this Court. While dismissing the same, liberty was given to the petitioner to approach appellate authority. By way of speaking order, the appeal filed by the petitioner was rejected and thereafter the present writ petition was filed.

(2.) Learned counsel appearing for the petitioner submitted that it is not as if the petitioner absented himself unauthorisedly. He had given his applications seeking leave. Therefore, the orders impugned will have to be interfered with.

(3.) This Court does not find any merit in this writ petition. In a departmental enquiry, what is required is preponderance of probability. The petitioner, instead of complying with the order passed by the higher authority, made a request for keeping him in compulsory wait. Having been aware of the procedure contemplated for keeping a Government servant on compulsory wait, the petitioner without joining in the transferred post made a wrong request and did not join the same. The Medical Certificate given by the petitioner was held to be given on purpose. Instead of joining the post, the petitioner keep on giving leave letters periodically. He did not give any such letter from 16.3.2001. Thereafter he joined in service on 20.3.2003. Accordingly, the petitioner requested for treating the period from 16.3.2001 to 19.3.2003 as on service was rejected. As rightly held by the 1st respondent, the punishment imposed was mild warranting no interference.