V.KUMARESAN Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The petitioner herein, during his tenure as Assistant Commissioner in the respondents Department, was levelled with three charges, pursuant to which, an enquiry came to be conducted and the first charge was held to be proved. The first respondent had issued show cause notice proposing a punishment and after consideration of the petitioner's explanation, he had imposed a punishment of stoppage of increment for two years without cumulative effect. Challenging the same, the present writ petition has been filed.

(2.) The learned counsel for the petitioner relied upon the Circular No. 4342/2017/L1, dated 02.02.2017 and submitted that the respondents herein had no authority to proceed under Rule 17(b) of 'Tamil Nadu Civil Services (discipline and Appeal) Rules' (herein after referred to as 'said Rule' for the sake of brevity) for the levelled charges, since it does not attract a major penalty. In support of his contention, the learned counsel for the petitioner relied upon two decisions of this Court.

(3.) The learned Additional Government Pleader relied upon the statements made in the counter affidavit and submitted that the entire disciplinary proceedings was done in accordance with the principles of natural justice. In view of the first charge being proved against the petitioner, he has been imposed with the punishment of stoppage of increment for the period of two years without cumulative effect, which cannot be deemed to be excessive.