V ANBALAGAN Vs. SUB-REGIONAL MANAGER

JUDGEMENT

(1.) IN this writ petition, the petitioner, who was working as a Bill Clerk under the respondent Tamil Nadu Civil Supplies Corporation, has challenged the order dated 18.11.1997 wherein and by which, he was made responsible for the shortage of gunny bags and jute and also the difference in the quality of the gunny bags, which was found out during the audit done for the years 1994-95 and 1995-96. The petitioner's liability was fixed as Rs. 1,23,475/- which was to be paid in 124 instalments. IN case, it was not able to be recovered during the tenure of the petitioner, the same must be adjusted against the terminal benefits payable to him.

(2.) INITIALLY, notice of motion was ordered in the writ petition and subsequently, it was admitted on 29.10.1998. Interim stay of recovery was also granted to the petitioner.

(3.) THE Manager (Administration), Nagapattinam, by his order dated 05.12.1996 accepted the findings of the Enquiry Officer and imposed penalty of postponement of increment for a period of one year with cumulative effect. THE operative portion of the order reads as follows:- "THE Enquiry Officer's findings for charge No. 1 to 4 are accepted. THE delinquent is only a Bill Clerk and he has to assist the Godown incharge and do the work as per the oral / written orders of Godown incharge. But has through all the blames on Godown incharges. He is also squarely responsible for the shortage of gunnies / variety variation. THE delinquent deserves severe punishment. I have taking a lenient view and feed that a punishment of stoppage of increment for a period of one year with cumulative effect will alone to meet the end of justice. Accordingly I order to stop the future periodical increment of Thiru R. Anbalagan, Bill Clerk (under suspension), Thiruvarur Sub-Region for a period of "One year with Cumulative Effect", exclusive of the period of any spent on leave besides the recovery proceedings for the shortages. I also order that the individual (Under suspension) be restored to duty forthwith. THE period of suspension undergone by Thiru R.Anbalagan, Bill Clerk is treated as 'DUTY' as per this regulation 4(c) Chapter " V of TNCSC Employees' Service Regulations 1989. Thiru R. Anbalagan, Bill Clerk is instructed to report before the Senior Regional Manager, Regional Office, Nagapattinam for further postings. THE Sub-Regional Manager, Thiruvarur is requested to work out the loss sustained in this issue with reference to the Audit report / Special Audit report and recover the same from the person concerned separately." This order imposing punishment is not under challenge and that order has become final so far as the petitioner is concerned.