S PONNIAH Vs. SECRETARY TO GOVERNMENT REVENUE DEPARTMENT

JUDGEMENT

(1.) PRAYER in the Writ Petition is to quash the order of the 4th respondent dated 18.2.2004, confirmed by the second respondent by order dated 28.7.2004, further confirmed by the first respondent in G.O.(2D) No.504, Revenue Department, dated 23.8.2007 and consequently direct the third respondent to promote the petitioner as Deputy Tahsildar.

(2.) THE case of the petitioner is that he was appointed as Junior Assistant on 31.8.1989 and posted at Taluk Office, Palayamkottai. Petitioner was subsequently promoted as Assistant in the year 1994 and he was transferred to Radhapuram Taluk Office in the year 2003. Petitioner applied for leave after joining at Radhapuram. However, the 4th respondent framed charges under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, on 1.12.2003. THE crux of the charge was that the petitioner unauthorisedly absented from 1.9.2003 to 13.9.2003, 15.10.2003 to 17.10.2003 and 11.11.2003 to 26.11.2003 i.e., totally for 46 days. Petitioner submitted his explanation to the said charge memo. However, by order dated 18.2.2004, a punishment was of stoppage of increment for a period of one year without cumulative effect was imposed by the 4th respondent. Petitioner preferred an Appeal before the second respondent, which was dismissed on 28.7.2004, against which the petitioner filed further Appeal to the Government. THE said Appeal was also dismissed by the first respondent by order dated 23.8.2007.

(3.) HEARD the learned Government Advocate appearing for the respondents.