G RAVI VARMAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner challenges the charge memorandum dated 22. 04. 2008 issued to him by the 2nd respondent; and the letter dated 10. 07. 2008 whereby his request for promotion as Director of Public Health and Preventive Medicine was rejected by the 1st respondent and also seeks a consequential direction to promote him as Director of Public Health and Preventive Medicine.

(2.) AFTER recruitment through the Tamil Nadu Public Service Commission, the petitioner joined the Government service on 20. 04. 1983 as Municipal Health Officer. In the year 1994, he was promoted as Deputy Director of Public Health. After 12 years of his unblemished service, he was further promoted as Joint Director of Public Health and Preventive Medicine in the year 2006. He was again promoted as Additional Director of Public Health and Preventive Medicine with effect from 29. 01. 2008. Now, he is serving as Additional Director, Institute of Community Medicine, Madras Medical College, Chennai.

(3.) THE back ground of the case of the petitioner is that while he was in service as Deputy Director, the 2nd respondent has initiated disciplinary proceeding against him under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in Memo No. 5406/da/96/s1, dated 20. 04. 1996 and the same ultimately resulted in the order of penalty of stoppage of increment for six months without cumulative effect by order in G. O. (D) No. 1235, Health and Family Welfare Department, dated 30. 08. 2001. Aggrieved by the said order of punishment, he filed a review petition to the 1st respondent and based on the advise of the TNPSC, the punishment was set aside, however, a de nova enquiry was ordered by the 1st respondent in G. O. (D) No. 890, Health and Family Welfare Department, dated 19. 06. 2003. Since there was more than 10 years of delay in finalising the disciplinary proceedings and since his promotion as Joint Director was deferred on account of the pendency of the disciplinary proceeding, he was constrained to file W. P. No. 46434 of 2006. By order dated 04. 12. 2006, this Court issued a direction to the 1st respondent to finalise the disciplinary proceeding within six months from the date of order and in the mean time consider the petitioner for promotion as Joint Director, if he is otherwise qualified, subject to the result of the disciplinary proceedings, within a period of four weeks. Pursuant to the order of this Court, he was promoted as Joint Director by order in G. O. (2d) No. 9, Health and Family Welfare Department, dated 05. 02. 2007. Ultimately, the 1st respondent dropped the charges levelled against him by order in G. O. (D ). 863, Health and Family Welfare Department, dated 03. 07. 2008.