STATE OF TAMIL NADU Vs. C.DHASARATHARAJAN

JUDGEMENT

(1.) These Writ Appeals are directed against the common order passed by the Writ Court in W.P.(MD)Nos.4466 of 2014, 18964 and 19049 of 2016, dated 16.02.2018.

(2.) The appellants are the respondents 1 and 3 before the Writ Court. Those Writ Petitions are filed by the respective Writ Petitioners, challenging the order of punishment of withholding of an amount referred in the respective orders of punishment imposed on each persons. The Writ Petitioners mainly urged that the disciplinary authority before deviating from the findings rendered by the Enquiry Officer, has not given any notice of deviation to the Writ Petitioners. Therefore, it was urged that the order of punishment imposed on them is illegal, as the individual Writ Petitioners were deprived of their opportunity to place their objections effectively against such deviation. The Writ Court allowed the Writ Petitions by finding that the disciplinary authority has chosen to come to the conclusion that the charges were proved by differing with the findings rendered by the Enquiry Officer without putting the Writ Petitioners on notice. The Writ Court also has taken note of the fact that one another Writ Petition filed by the co-delinquent questioning the similar punishment ended against the Department, which was confirmed in the Writ Appeal as well. Therefore, the learned Judge pointed out that no purpose will be served in remitting the matter for fresh consideration.

(3.) Mr.VR.Shanmuganathan, learned Special Government Pleader appearing for the appellants, after inviting our attention to the proceedings dated 12.08.2010, issued by the Principal Secretary to Government, Public Works (E1) Department, submitted that the finding of the learned Judge as if no notice of deviation was given, is factually incorrect. He further submitted that on receipt of such notice, the Writ Petitioners have also given explanation and thus, the punishment imposed on them is just and proper and does not require any interference.