GOVERNMENT OF TAMILNADU Vs. P SUNDAR

JUDGEMENT

(1.) The challenge in this intra-court appeal is to the order of the learned single judge dated 18-03-2014 made in WP No: 25226 of 2011 in and by which the learned single judge, while rejecting the challenge to the punishment imposed on the respondent, had directed the appellants to consider his claim for promotion to the post of Sub Registrar Grade I on par with his juniors if he is otherwise found eligible.

(2.) The case of the respondent before the writ court was that while he was functioning as Sub Registrar Grade II a charge memo dated 08-05-2007 was issued under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules containing four articles of charges namely:

(3.) Upon service of the charge memo the appellant had submitted his explanation. Not satisfied with the explanation the disciplinary authority appointed an enquiry officer and an enquiry was conducted. The enquiry officer had found the respondent guilty of the charges and the disciplinary authority namely the first appellant by his order dated 09-09-2010 imposed a punishment of stoppage of increment for six months without cumulative effect. The respondent had challenged the order imposing punishment dated 09-09-2010 as well as the charge memo dated 08-05-2007 in the writ petition.