V. MAHENDRAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner challenging the imposition of penalty in departmental proceedings under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1973 passed by the 2nd respondent Principal Secretary/Commissioner of Commercial Taxes, to be illegal or arbitrary and not in accordance with law.

(2.) As it appears, that the petitioner while working as Assistant Commissioner (CT), Palakkarai II Assessment Circle was issued with a notice to show cause for having committed some lapses under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1973. The petitioner having not been allegedly responded to the same, inspite of sufficient opportunity given to him, the disciplinary authority imposed a major punishment under Rule 17(b) of the said Rules, which was stated to be a flawed one by Tamil Nadu Public Service Commission. However, the petitioner challenged the same before this Court in WP.No.24411/2012, which was withdrawn to approach the appellate forum. Accordingly, the petitioner preferred an appeal before the Government of Tamil Nadu, which was disposed of by the Principal Secretary to Government, setting aside the punishment by giving a direction to the disciplinary authority to proceed from the stage, where the defect was committed. After disposal of such appeal, the disciplinary authority, without giving any notice to showcause, since the petitioner had not availed the opportunity given, passed an order under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, imposing stoppage of increment for two years without cumulative effect. Since the Tamil Nadu Public Service Commission stated to conduct de novo enquiry, which was also the view of the appellate authority, while remanding the matter to the disciplinary authority, the disciplinary authority could not have passed an order without taking note of the same and as such, it is submitted that appellate authority having not followed the same impugned order of punishment is liable to be quashed and the matter is required to be remanded back to conduct de novo enquiry.

(3.) The same is countered by the disciplinary authority with the averments that since an appeal is provided against the aforesaid order and also the petitioner admittedly not availed of the opportunity and a punishment under Rule 17(a) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules, having already been imposed, the petitioner could not have any grievance against the same on the aforesaid ground and as such, this writ petition is devoid of merits.