V MUTHUKRISHNAN Vs. DIRECTOR ANIMAL HUSBANDRY DEPARTMENT

JUDGEMENT

(1.) HEARD both sides.

(2.) THIS writ petition arose out of O.A.No,4527 of 1998 filed by the petitioner before the Tamil Nadu Administrative Tribunal. In view of the abolition of the Tribunal, it was transferred to this court and was renumbered as W.P.No,35084 of 2006.

(3.) IN the meanwhile, the petitioner was acquitted by the JM-1, Toothukudi vide judgment, dated 6.4.90. The petitioner belatedly filed an appeal against the order of punishment. The appellate authority, the second respondent herein, dismissed the appeal as barred by limitation. It was stated that the pendency of the criminal case was not barred from proceeding with the departmental action. The 4th respondent issued a show cause notice, dated 5.2.91 asking to show cause as to why his suspension period should not be treated as a leave to which he was eligible. Since the petitioner did not send any reply, the third respondent passed an order dated 28.11.91 treating the suspension period as follows: 13.1.87 to 12.2.87 - 31 days as Earned Leave 13.2.87 to 13.4.90 - Leave without Pay and Allowances.