LAWS(MAD)-2018-1-222

V PRAKASH Vs. PRINCIPAL SECRETARY TO GOVERNMENT

Decided On January 11, 2018
V Prakash Appellant
V/S
PRINCIPAL SECRETARY TO GOVERNMENT Respondents

JUDGEMENT

(1.) The present writ petition is directed against the impugned order passed by the first respondent / the Principal Secretary to Government, Commercial Taxes and Registration (K) Department, Chennai, in G.O.(D).No.80, Commercial Taxes and Registration (K) Department, dated 07.03.2016, confirming the award passed by the second respondent / the Inspector General of Registration, Office of Inspector General of Registration, Chennai, vide his proceedings dated 26.09.2014, imposing a punishment of stoppage of increment for one year without cumulative effect against the petitioner.

(2.) Learned Senior counsel appearing for the petitioner submitted that the petitioner was appointed as a Trainee Sub-Registrar at Erode on 22.10.2001 and after completion of his two years training period, he was posted as Sub-Registrar in Singampunari at Karaikudi Region in the year 2003-2005. In the year 2008, he was promoted as Sub-Registrar (Grade-I) and after some periodical transfers, he is now presently working as Sub-Registrar at Dindugal.

(3.) It is further submitted that while the petitioner was working as Sub-Registrar at Palladam, Thiruppur District, a team of official attached to the District Inspection Cell, Coimbatore, along with the Inspector of Vigilance and Anti-corruption Department, Coimbatore, came for a surprise inspection, whereby they have found a sum of Rs.24,000/- lying under the left side floor of the Sub-Registrar's table. Besides, the Inspection Team enquired six independent persons, namely, Selvi.Sampoorna, Selvi.Veena, R.Manonmani, N.Noorjahan, Selvi.Suguna and Selvi.Jamuna and from the enquriy, it is alleged by them that they were working on a daily wage basis for a sum of Rs.100/- per day. Apart from this, two male persons, namely, V.Rajendran and Mayilsamy, were also present. According to the petitioner, these two persons came to the office only for registration of a document with a sum of Rs.13,000/- and Rs.10,000/- respectively, however, the Inspection Team seized the said amount stating that the said sum was intended to give as a bribe to the Sub-Registrar. While the matter stood as above, the second respondent issued a charge memo under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules, containing the following charges:-