P DAMODARAN Vs. CHAIRMAN TAMIL NADU CEMENTS

JUDGEMENT

(1.) THE petitioner herein, who is employed in the Tamil Nadu Cements, a Government of Tamil Nadu undertaking has moved this Court under Art.226 of the Constitution of India, for the issue of a writ in the nature of certiroari to call for the records on the file of the 1st respondent herein relating to orders in proceedings R.C.No.11575/A-1/84 dated 22.8.1984, under which, he has confirmed the orders of the 2nd respondent herein and confirmed the imposition of the punishment of stoppage of increment for a period of three years with cumulative effect.

(2.) FOR the reason that I have found a serious infirmity in the appellate order, I do not propose in the instant case to narrate the facts leading to the disciplinary proceedings against the petitioner, the service of memorandum of charges upon him, enquiry and the imposition of penalty by the 2nd respondent herein. The petitioner, however preferred before the 1st respondent, and the 1st respondent has disposed of, the appeal by stating in the order, as follows: "The appeal petition of Thiru P.Damodaran, Accountant, Tamil Nadu Cements Corporation Limited, preferred against the orders of the Managing Director, issued in the proceedings first cited has been carefully examined along with connected records. I do not find adequate reasons to intervene and, accordingly, the appeal is rejected."

(3.) THIS Court is bound by the pronouncement of the Constitution Bench of the Supreme court in the case of Mukherjee, A.I.R. 1990 S.C. 1984.