C GANESAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner filed O.A.No,9212 of 1997 before the Tamil Nadu Administrative Tribunal seeking to challenge the order of the first respondent in G.O. Ms. No,74 Transport (H1) Department dated 02.04.1996. By the said order, the petitioner's appeal against the penalty imposed by the second respondent Director of Motor Vehicles Maintenance Department dated 15.02.1992 was rejected. THE petitioner did not have the benefit of any interim order before the Tribunal.

(2.) THE petitioner was issued with a charge memo under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules. THE charge against the petitioner was that he had beaten a Class 4 employee as he brought the water which was not potable, resulted in an injury and the victim being admitted to the Government General Hospital. THEre were also other charges including launching of a criminal case against the petitioner. After conducting an enquiry, the petitioner was imposed with a penalty of postponement of increment for three years with cumulative effect.

(3.) MR.Mohan Raj, learned counsel for the petitioner contended that the petitioner was acquitted in the criminal case in S.C.No,81 of 1990 by order dated 07.02.1992 by the Assistant Sessions Judge, Dharmapuri. Therefore, they ought not to have conducted an enquiry. Secondly, he submitted that the petitioner was a Union activist and he had been unjustly penalised.