A RAJARAM Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THESE two writ petitions were filed by the same person. The petitioner herein was working as Assistant Inspector of Labour at Tuticorin Circle III. He filed O.A.No,7767 of 1998, seeking to challenge the order of the State Government in G.O.2(D) No,39 Labour and Employment (E.2 Department) dated 11.08.1997. By the said order, the State Government confirmed the order of the Commissioner of Labour, the second respondent herein dated 13.05.1996 and imposed the punishment of stoppage of increment for six months without cumulative effect.

(2.) THE petitioner filed an appeal to the first respondent dated 15.06.1996. THE State Government consulted the Tamil Nadu Public Service Commission and after obtaining a report dated 19.02.1997 passed the impugned order. THE TNPSC by its communication dated 19.02.1997 stated that the charges were proved against the petitioner and the punishment was not on the higher side. THE State Government in the impugned appellate order also stated that there was no ground to entertain the appeal. Hence, the petitioner moved the Tribunal.

(3.) THE ground raised by the petitioner was that the petitioner had discharged his power by virtue of Section 22 of Weights and Measures Act to avoid revenue loss to the State. It was stated that the Controlling Officer, namely Inspector of Labour should initiate the disciplinary action against the petitioner, against which, the petitioner has two appeals, whereas, the Head of the Department had initiated disciplinary proceedings and imposed punishment, thereby the petitioner was deprived of the right of appeals to Deputy Commissioner of Labour and Joint Commissioner of Labour. It was also stated that the report of the Public Service Commission was not furnished to the petitioner.