STATE OF TAMIL NADU Vs. M. SENTHAMIL SELVAN

JUDGEMENT

(1.) The present writ appeal has been filed challenging the order passed by the learned Single Judge whereby the punishment imposed upon the writ petitioner pursuant to disciplinary proceedings was set aside.

(2.) The writ petitioner was issued with a charge memo for three charges, namely, (i) unauthorized absence for a period of 12 days; (ii) conducting an audit meeting without obtaining prior permission; and (iii) failure to submit the audit report within the stipulated time. Upon completion of the enquiry, the Enquiry Officer found that Charge Nos.1 and 3 were not proved and held only Charge No.2 to be proved. However, the disciplinary authority imposed the punishment of stoppage of increment for a period of two years without cumulative effect, taking into account Charge Nos.2 and 3. Aggrieved thereby, the writ petitioner approached this Court by filing the writ petition.

(3.) The learned Single Judge finding that there are no guidelines whatsoever available mandating the Audit Officer to obtain prior permission, held that the punishment imposed could not be sustained. It was further held that though charge Nos.1 and 3 are not proved, without any contrary materials available in the enquiry report, a different view has been taken by the disciplinary authority and punishment has been imposed. Accordingly, quashed the punishment imposed by the disciplinary authority. Aggrieved by the said order, the present writ appeal is filed by the State.