SK. NAZEER Vs. TRANSPORT COMMISSIONER

JUDGEMENT

(1.) This writ petition is filed seeking a writ of Certiorari to call for the records relating to and connected with the proceedings dated 13.06.2016 issued by the 1st respondent and memos dated 06.01.2017 and 24.08.2018 issued by the 2nd respondent and set aside the same by holding them as arbitrary, illegal and violative of Articles 14 and 16 of the Constitution of India and sought a consequential direction to direct the respondents to drop the disciplinary proceedings against the petitioner and accord all consequential benefits, such as monetary benefits including the release of withheld increments with arrears, and to further promote the petitioner to the post of Administrative Officer forthwith.

(2.) Heard Sri P.Amarender, counsel for the petitioner, and Government Pleader for Services-III appearing for the respondents.

(3.) It has been contended by the petitioner that he has been working as Senior Assistant with the respondents and he has been discharging his duties to the best satisfaction of his superiors and every one concerned. While the petitioner was discharging his duties, the respondents have issued a charge memo on 29.10.2010 alleging that when ACB officials conducted raid on 24.02.2010, the petitioner was found in possession of shortage of government cash of Rs.9,580/- and after conducting regular enquiry, the disciplinary authority has imposed major penalty of withholding two annual grade increments with cumulative effect vide orders dated 13.06.2016. Aggrieved by the same, the petitioner has preferred an appeal to the 2nd respondent and the 2nd respondent rejected the appeal vide proceedings dated 06.01.2017. Thereafter, the petitioner has preferred mercy application before the 2nd respondent and the 2nd respondent had again rejected the mercy application preferred by the petitioner vide orders dated 24.08.2018.