S MANOHARAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) HEARD the learned counsels appearing for the parties concerned.

(2.) THE petitioner has stated that a charge memo, dated 29.1.1995, under Rule 17(a) of THE Tamil Nadu Civil Service (Discipline and Appeal) Rules, had been issued for the alleged lapses committed by the petitioner. THE petitioner had submitted his explanation for the two charges levelled against him. Without considering the explanation, properly, in the light of the order passed by the Government in G.O.Ms.No.33, Health & Family Welfare Department, dated 20.1.1995, the impugned order had been passed imposing the punishment of stoppage of increment for one year, without cumulative effect.

(3.) IN the reply affidavit filed on behalf of the respondents, it has been stated that the Dean, Government Rajaji Hospital, Madurai, had made surprise rounds of the Hospital, on 23.9.1994. He had noticed that the petitioner, who was on duty as a Neuro Surgeon, was found absent in the injury ward at 7.40 a.m. on the said date. Since the explanation submitted by the petitioner in his letter, dated 23.9.1994, was not convincing, the Director of Medical Education had initiated a disciplinary action against the petitioner, under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules and the show cause memo had been issued in ref.No.93770/SCI/94, dated 29.1.1995. The first lapse pointed out against the petitioner is that when the Dean, Government Rajaji Hospital, Madurai, had made surprise rounds, at 7.40 a.m., on 23.9.1994, the petitioner was found to have deserted his duty, as he was absent from the INjury ward without making any entry in the movement register and that he was not traceable until he returned back on his own. On 8.3.1995, the petitioner had submitted an explanation. However, the Government, after examining the matter, had found that the lapses allegedly committed by the petitioner were substantiated by evidence on record. Therefore, the petitioner was imposed with the punishment of stoppage of increment for one year, without cumulative effect, in G.O.Ms.No.416, Health & Family Welfare, dated 28.3.1996. The order had been served on the petitioner, on 4.6.1996. However, he did not file any review petition against the said order to the Government.