M P GOVINDASWAMY Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) HEARD the arguments of Ms. Meenal, learned counsel representing Mr. R. Subramanian appearing for the petitioners and Mr. M. Dhandapani, learned Special Government Pleader representing the respondents and have perused the records.

(2.) THE writ petition is filed against the order dated 27.12.2002 passed by the Tribunal in T.A. No.183 of 1992 and for a further direction to direct the third respondent Commissioner, Gobichettipalayam Municipality to give effect to the order of the second respondent dated 10.12.1982.

(3.) IT is seen from the counter affidavit filed by the third respondent before the Tribunal that the petitioner was working as a Bill collector and he had involved in several misconducts. In one case, a punishment of stoppage of one increment with cumulative effect was imposed on him and in the second case, he was reverted as an Attender with the minimum scale of pay and on the petitioner filing an appeal before the Regional Director, Salem, the punishment of stoppage of one increment was set aside. He also recorded that the petitioner cannot be reverted to the post of Record Clerk as he had never held that post and on the basis of Fundamental Rule 15 and by cancelling the said order, he was directed to be imposed with some other punishment.