V CHENNAKESAVALU Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE writ petitioner was selected by the Tamil Nadu Public Service Commission (TNPSC) and appointed as District Registrar in the Registration Department, in which post he joined on 16.04.1992. While the petitioner was working as the District Registrar (Audit), South Chennai between 19.06.1998 and 02.09.2002, a memo was issued to him by the second respondent on 28.02.2002 under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and appeal) Rules, 1955, (in short, "the Rules") for which the petitioner submitted his explanation on 06.11.2002, denying the charges. On 05.08.2003, the second respondent passed an order of punishment imposing stoppage of increment for two years without cumulative effect.

(2.) ON an appeal filed by the petitioner to the first respondent on 05.08.2003, the first respondent while confirming the above said order of the second respondent, modified the punishment to that of stoppage of increment for one year without cumulative effect instead of two years and rejected the appeal on 22.07.2005 and the review petition filed to the Government on 17.10.2005 was also rejected on 24.08.2007, and therefore the present writ petition is filed challenging the above said orders.

(3.) IT is the case of the petitioner that Mr.S.Swaminathan, Sub-Registrar, Kundrathur, who had registered the documents was exonerated from the charges only on the ground that the registration was in respect of second sales. IT is also stated that the said G.O.Ms.No.150 C.T. & R.E. Department dated 22.09.2000 itself has been revoked by the Government by subsequent G.O.Ms.No.139 C.T. & R.E. Department dated 25.07.2007.