S MURUGANANDAM Vs. SECRETARY TO THE GOVERNMENT

JUDGEMENT

(1.) THIS petition came to be numbered on transfer of O.A.No.179 of 2002 from the file of the Tamil Nadu Administrative Tribunal, praying to call for the records of the respondent in connection with the impugned charge memo in G.O.(3D) No.114 dated 20.9.2000 and quash the same. The case of the petitioner is as follows:

(2.) THE petitioner submitted his explanation on 12.03.1997. Consequent upon the explanation submitted by the petitioner, the Government treated the charge No,3 as partly proved and imposed a punishment of stoppage of increment for one year with cumulative effect besides, recovery of Rs.1438/- from his salary. THE review preferred by the petitioner is also pending before the Government. Hence, the above petition for the aforesaid relief.

(3.) PER contra, the learned Additional Government Pleader would contend that since the enquiry officer has held that there was a loss to the tune of Rs.1438/- and only on that score, the Government has imposed a punishment against the petitioner. The recommendation made by the enquiry officer to the extent that the case of the petitioner could be considered sympathetically has not been accepted by the Government. Therefore, the petitioner cannot challenge the order which has been passed by the Government, not accepting the recommendation made by the enquiry officer in his report.