SECRETARY TO GOVERNMENT COMMERCIAL TAXES DEPARTMENT Vs. MAYALAGU

JUDGEMENT

(1.) HEARD the arguments of Mr. M. Dhandapani, learned Special Government Pleader representing the petitioners, Mr. K. Raj Kumar, learned counsel appearing for the first respondent and have perused the records.

(2.) THE Secretary to Government, Commercial Taxes Department, Government of Tamil Nadu together with the Principal Commissioner of Commercial Taxes, have filed the present writ petition against the order dated 05.4.2002 passed by the Tamil Nadu Administrative Tribunal in O.A. No. 4422 of 2001. THE Tribunal, by the impugned order, held that since the punishment given to the first respondent was no longer on record, he is entitled to have his name included in the panel for the post of Deputy Commercial Tax Officer [for short, 'DCTO'] and accordingly, it was directed that he was to be given promotion in terms of the panel dated 07.7.2000 in the appropriate place and should be given promotion, if any of his junior's name is on the panel.

(3.) INSPITE of the specific stand taken by the petitioners, the Tribunal held that the punishment was not on record as if the first respondent was exonerated from the charges. In terms of G.O. No. 248 Personnel & Administrative Reforms Department dated 20.10.1997, it was stated that once a person is exonerated from charges, he should be given promotion from the date on which he became due for promotion.