D PRABAGARAN Vs. GENERAL MANAGER, PERSONNEL AND ADMINISTRATION (R AND A) DEPARTMENT, CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD AND THE MANAGING DIRECTOR, CHENNAI METROPOLITAN WATER SUPPLY AND SEWERAGE BOARD

JUDGEMENT

(1.) The petitioner, a Junior Accounts Officer, who has not been included in the panel drawn up for promotion to the post of Accounts Officer for the year 2007-08, has challenged the said panel and sought direction to the respondents to consider him for promotion to the above said post.

(2.) Facts in brief are as follows:

(3.) The second respondent filed counter affidavit and submitted that the petitioner, being a Junior Accounts Officer of the CMWSS Board, gave a false undertaking as Pay Disbursing Officer to the Tamil Nadu State Apex Co-operative Bank Ltd., Chennai, eventhough, he was not a competent Pay Disbursing Officer, in respect of nine employees working in the Board, for securing personal loan from the said Bank and upon his undertaking, the Co-operative Bank, Periamet Branch granted personal loan to those employees. It is further stated that the petitioner had furnished false pay certificates to the above employees showing higher income to avail personal loans from the Bank. Since the above act amounted to dishonesty in connection with the Board's transaction, breach of integrity and devotion to duty under CMWSS Board's (Discipline and Appeal) Regulations 6(23) and 6(38), the petitioner was charge-sheeted and awarded punishment of stoppage of increment for a period of three years without cumulative effect vide Proc. No. CMWSSB/P&A/VC2/20845/2003, dated 08.02.2005.