TRANSPORT COMMISSIONER, CHEPAUK, CHENNAI Vs. D RAJAN

JUDGEMENT

(1.) The challenge in this intra Court Appeal is to the order of the learned Single Judge dated 31.10.2017 made in WP No.10444 of 2016 allowing the said Writ Petition and quashing the order of the 1st respondent dated 05.02.2016, in and by which, a punishment of stoppage of increment for a period of 3 years with cumulative effect was imposed upon the respondent for certain proved delinquencies committed by him.

(2.) The facts that led to the filing of the Writ Petition are as follows:

(3.) An enquiry officer was appointed and after completion of the disciplinary enquiry proceedings, the Enquiry Officer filed a report stating that all the charges stood proved. A second show cause notice was also issued to the respondent and thereafter, the order imposing punishment came to be passed on 05.02.2016. The said order dated 05.02.2016 was impugned in the Writ Petition on several grounds. One of the grounds that was raised was that the Disciplinary Authority insofar as the respondent is concerned is the Deputy Commissioner and an appeal would lie to the 1st respondent against the orders of the Deputy Commissioner imposing punishment.