B. V. SURENDRA SHA Vs. THE SECRETARY TO GOVERNMENT MUNICIPAL ADMINISTRATION AND WATER SUPPLY DEPARTMENT

JUDGEMENT

(1.) This Writ Petition has been filed challenging the impugned orders passed by the 2nd respondent in Roc. No. 53108/2011/C4 dated 24.01.2012 and the consequential orders passed by the 1st respondent in G.O. (D) No.549 Municipal Administration and Water Supply Department dated 4.11.2013 and in G.O. (D) No. 376 M.A. & W.S. Department dated 7.10.2014.

(2.) Learned counsel for the petitioner submitted that while the petitioner was working as a Commissioner, Perambalur Municipality, the 2nd respondent in Roc. No. 53108/2011/C4 dated 08.12.2011 issued a Show Cause Notice under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955. Vide explanation dated 26.12.2011, the petitioner denied the charges. However, the said explanation was not considered by the disciplinary authority and vide order dated 24.01.2012, the 2nd respondent imposed the punishment of stoppage of increment for six months without cumulative effect. Challenging the same, the petitioner preferred an appeal before the 1st respondent on 31.03.2012 but the same was rejected. Hence, the petitioner filed a Review Petition dated 12.03.2014 before the Revisional authority. The same was also dismissed and the 1st respondent issued G.O. (D) No. 376 MA & WS Department dated 07.10.2014 confirming the punishment of stoppage of increment for 6 months without cumulative effect. Aggrieved by the same, the petitioner has filed this Writ Petition, challenging all the three orders.

(3.) Learned counsel further submitted that during the pendency of the writ petition, a panel for the post of Selection Grade Municipal Commissioner for the year 2015-16 is being prepared and since the respondents are trying to exclude the name of the petitioner, on the ground that the currency of punishment is within the check period, the petitioner has also filed W.M.P. No. 4373 of 2016 seeking for a direction to consider his name for promotion as Selection Grade Municipal Commissioner without reference to the said punishment of stoppage of increment. It is further submitted that on completion of the minor punishment of stoppage of increment for six months without cumulative effect, the petitioner was given the next promotion as Municipal Commissioner Grade-I by the 1st respondent vide his orders dated 28.09.2013. While so, the check period cannot be an impediment for the second level of promotion for the petitioner as a Selection Grade Municipal Commissioner.