S KRISHNAMOORTHY Vs. CHAIRMAN CUM MANAGING DIRECTOR

JUDGEMENT

(1.) THIS writ petition is filed challenging the order of the first respondent dated 12.08.1997 under which the first respondent being the Appellate Authority has dismissed the appeal filed by the petitioner confirming the order of punishment passed by the second respondent dated 30.09.1996, under which the punishment of stoppage of increment for three months without cumulative effect was ordered.

(2.) THE petitioner joined in the services of the Tamil Nadu Civil Supplies Corporations Limited in 1980 as a Bill clerk and was promoted as Assistant Quality Inspector on 10.03.1982. A charge memo was issued against the petitioner on 11.10.1995 with two charges one relating to the correction in medical reimbursement bill alleging that the correction was done by the petitioner for personal gain and the second was that the petitioner has corrected the prescription issued by the Doctor for personal gains thereby cheated the Corporation. THE petitioner has submitted his explanation on 21.01.1996 denying the charges. Not satisfied with the explanation the respondents conducted enquiry and the Enquiry Officer has recorded that the petitioner was guilty of the charges. Accepting the said Enquiry Officers report the second respondent has issued a second show-cause notice calling upon the petitioner to comment about the findings of the Enquiry Officer without proposing the nature of penalty. THE petitioner has submitted his note about the Enquiry Officers report. Inspite of the same, the second respondent passed order on 30.09.1996 imposing the punishment of stoppage of increment for three months without cumulative effect. On appeal the first respondent has confirmed the said punishment by order dated 12.08.1997. THE impugned order is challenged on various grounds including that the petitioner was not given the list of witnesses, that there was no evidence to show that the petitioner has altered the medical bill, that the respondents have no jurisdiction and that order is arbitrary and illegal.

(3.) WHILE the actual medical bill claim was only to the tune of Rs.294.50, he has made a claim of Rs.1994.50. Therefore, according to the respondents, by his conduct the petitioner has cheated the Corporation. During the time of enquiry in fact the petitioner has verified the bills which contain alteration but then he has denied that he has made any alteration. The enquiry was ordered since the charges were framed under Regulation 4 of Chapter - V of the Tamil Nadu Civil Supplies Corporation Service Rules, 1989 namely one for major penalty. It was after the Enquiry Officers finding which was communicated to the delinquent and after receiving the explanation the final order was passed.