K KANAGARAJ Vs. DIRECTOR OF TOWN PANCHAYATS KURALAGAM

JUDGEMENT

(1.) THE petitioner was working as a Junior Assistant in Karamadai Town Panchayat at Coimbatore District. He filed OA No,3944 of 1998 before the tribunal, challenging an order, dated 19.7.1994 passed by the second respondent, by which the petitioner was imposed with a punishment of stoppage of increment for a period of 6 years with cumulative effect.

(2.) THE petitioner had filed an appeal against the said order to the first respondent, vide his appeal, dated 13.9.1994. It is not clear as to why the petitioner had moved the Tribunal after a period of four years. Even if an appeal was filed on time and the said appeal was not disposed of, in terms of Section 21 of the Administrative Tribunal Act, 1985, an appeal is deemed to have been disposed of within six months and then petitioner ought to have filed the OA within one year thereafter. However, in paragraph 5 of the OA, he had stated that his O.A. was in time. THE Tribunal, without examining this fact, had admitted the OA.

(3.) THE petitioner was charged by the second respondent with a charge memo, dated 10.3.1993. THE charge against the petitioner was that when an Inspector attached to the Directorate of Vigilance and Anti corruption conducted an enquiry, the petitioner's statement was recorded by him. But, when the matter came up during trial before the Chief Judicial Magistrate-cum-Special Judge, Coimbatore on 28.7.1992, he went back on his earlier recorded statement with a view to help the accused officers. By doing so, he had neglected to discharge his duty and contravened the Tamil Nadu Government Servants' Conduct Rules.