S. PANDIARAJAN Vs. THE SECRETARY TO GOVERNMENT, COMMERCIAL TAX DEPARTMENT, THE SPECIAL COMMISSIONER & COMMISSIONER OF COMMERCIAL TAXES AND THE DEPUTY COMMISSIONER, COMMERCIAL TAXES, TRICHY DIVISION

JUDGEMENT

(1.) THE peculiar circumstances under which the petitioner was compelled to approach this Court after retirement, are as follows: the petitioner was while in service proceeded with departmentally and he was imposed with punishment of stoppage of increment for three years without cumulative effect and the same was modified as one that of stoppage of increment for one year without cumulative effect.

(2.) IN para 6 of the appeal order it is clearly stated that the above punishment was not intended to affect the pension of the petitioner herein who is the appellant therein and the petitioner was permitted to retire from service on 30.06.1995 A.N. on attaining the age of superannuation. The impugned order came to be passed after three years i.e. on 19.03.1998, in and under which the last para of the appellate authority order dated 05.09.1994 stood substituted to the effect that the punishment imposed on the petitioner is intended to affect the pension of the appellant.

(3.) IN the result, the writ petition stands allowed by quashing the order dated 19.03.1998 passed by the second respondent. The respondents are directed to pay all consequential and monetary benefits, if any to the petitioner. No costs.