G PADMANABHAN Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) PRAYER in the writ petition is to quash the order of the first respondent dated 1. 11. 2007 imposing punishment of withholding of one increment with cumulative effect.

(2.) THE case of the petitioner is that he was appointed as Secondary Grade Teacher in the Panchayat Union Middle School, Muthampalayam, by the Commissioner, Koliyanoor Panchayat Union, by order dated 21. 2. 1976. Petitioner was transferred to various places and he was promoted as Headmaster in the Panchayat Union Elementary School, Anangkooran Kuchipalayam, Villupuram District, and he is now working as Headmaster of the Panchayat Union Elementary School, Thathampalayam. According to the petitioner, he has got unblemished record of service and while he was serving in Anangkooran Kuchipalayam Panchayat Union Elementary School, there was only three students in the school and due to his efforts, the strength of the school was increased to 35. The mid-day meal scheme was not available in the school and the said scheme was also implemented in the school at the instance of the petitioner. Petitioner further states that for maintaining discipline in the school, he imposed certain conditions and occasionally he used to make personal visit to each class and ask questions relating to the subject, that was being taught. One student by name Kanimozhi did not answer a question and therefore petitioner scolded the said student. According to the petitioner, due to the same, the villagers of Anangkooran Kuchipalayam made a representation to the second respondent to take action against the petitioner, based on which petitioner was placed under suspension by order dated 25. 1. 2007 by the first respondent. Charges under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules were framed against the petitioner, which reads as follows:

(3.) THE petitioner submitted his explanation for the said charges on 9. 2. 2007. According to the petitioner, villagers, on coming to know about the petitioner's suspension, submitted a representation on 7. 2. 2007 to the first respondent and prayed for revocation of suspension. Petitioner was issued with a questionaire, which was also filled up by the petitioner in April, 2007. On 28. 9. 2007, the suspension order was revoked and the petitioner was transferred to the Panchayat Union Middle School as Headmaster in Panchayat Union Middle School, Melpathi, Koliyanoor Panchayat, with a direction to extend his co-operation for the disciplinary proceedings initiated by the respondents. On 3. 11. 2007 petitioner was transferred to Panchayat Union Elementary School, Thathampalayam as Headmaster and now he is working in the said School. The grievance of the petitioner is that without conducting any enquiry with regard to the above three charges, the first respondent passed an order of punishment by order dated 1. 11. 2007, withholding one increment with cumulative effect.