T C KANNAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) CONSEQUENT upon a charge memo being given to the appellant in the matter of using intemperate language and making false and frivolous allegations against the staff in Chengalpattu Collectorate and the public Prosecutor, after considering the explanation given by the appellant, the Government made an order of punishment which read as follows: "accordingly the Government hereby consider and direct that the increment of Thiru T. C. Kannan, Assistant Public Prosecutor II (Metropolitan) be stopped for a period of two years with cumulative effect. The period of stoppage of increment should be reckoned inclusive of intervals spent on leave as per ruling 2 (e) under Fundamental Rule 24. The effect of this stoppage of increment on the pension has been considered and it is intended to have that effect"". The order was made on 29th April, 1980.

(2.) HOWEVER, prior to the date of this order an amendment was introduced by way of a proviso to rule 17 (a) of the Tamil Nadu Civil services (Classification, Control and Appeal ) Rules (hereinafter referred to as rules ). That proviso which came into force with effect from 1st April, 1980 reads as follows: "provided further that, in every case where it is proposed, after considering, the representations, if any made by the Government servant to withhold increments of pay and such withholding of increments is likely to affect adversely the amount of pension payable to the Government servant or to withhold increments of pay without cumulative effect for the period exceeding 2 years or to withhold increment of pay with cumulative effect for any period, the procedure laid down in sub- rule (b) shall be followed before making any order imposing on the Government servant any such penalty. " The appellant challenged the order of penalty in this court by filing a writ petition. Among other grounds one of the grounds raised was that in view of the Proviso to rule 17 (a) of the Rules, the. Government was obliged to follow the procedure laid down in sub-rule (b) of rule 17 before passing any order imposing penalty on the Government servant in the form of withholding of increments with cumulative effect which is likely to affect adversely the amount of pension payable to the Government servant as has been done in the instant case. Rule 17 (b) as is well known provides for an oral enquiry if desired by the delinquent.