R RAGHURAMAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THE petitioner was working as Regional Transport Officer at Thanjavur. He filed O.A.No,774 of 1998 challenging the guidelines issued by the Government in G.O.Ms.No,368 P & AR department dated 18.10.1993. He was aggrieved by the following portion of the Government Order :

(2.) THE petitioner wanted the said paragraph to be set aside on the ground that it is unconstitutional and contrary to the statutory rules. THE statutory rule that is referred to Rule 39(d) Tamil Nadu State and Subordinate Service Rules reads as follows:

(3.) IT is not clear as to how the petitioner can attack the said guidelines as unconstitutional or illegal. The Supreme Court in Union of India v. K.V. Jankiraman reported in (1991) 4 SCC 109 held that in considering an employee for promotion, the relevant authority is entitled to take into consideration the penalties imposed on him including censure up to the date when such consideration takes place. Though the said judgment was rendered in the case of penalty, the Supreme Court in the same year in Arumugam vs. State of Tamil Nadu reported in 1991 (supp)(1)SCC 199 has held that withholding a promotion on reasonable ground is permissible.