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2012 DIGILAW 2844 (MAD)

A. Sivagnanam v. Assistant Executive Engineer, Agricultural Engineering Department

2012-07-05

VINOD K.SHARMA

body2012
Judgment :- 1. The petitioner has approached this Court with a prayer for issuance of a writ in the nature of Certiorari, to quash the order of punishment of stoppage of two increments with cumulative effect. 2. The petitioner, while working as Nigh Watchman, was served with a charge memo. The enquiry was held, where the Enquiry Officer found the petitioner guilty of charges levelled against him. The competent authority agreed with the Enquiry Officer, and imposed the major punishment of stoppage of two increments with cumulative effect. 3. Appeal was filed by petitioner and thereafter, without waiting for decision by the Appellate Authority, approached the learned Tamil Nadu Administrative Tribunal. 4. The ground of challenge to the order of punishment is, that the petitioner was not served with the enquiry report, along with second show cause notice, and that the enquiry is based on no evidence, thus, being perverse, is not sustainable in law. 5. Learned Additional Government Pleader is unable to controvert the fact, that a copy of the enquiry report was not furnished to the petitioner, nor the second show cause notice issued before imposing the major punishment. 6. The impugned order therefore being contrary to the service rules, governing the service condition of the petitioner, which envisages furnishing of enquiry report, and second show cause notice before imposing major punishment, cannot be sustained. 7. Consequently, this writ petition is allowed. The impugned order is set aside. The case is remitted back to the competent authority to take fresh decision, after supplying copy of enquiry report to the petitioner, and giving him opportunity to file objections to the findings of the Enquiry Officer. 8. Keeping in view the fact, that the order of punishment was passed in the year 2000, the competent authority is directed to expedite the proceedings, and take final decision, after furnishing of copy of enquiry report preferably within four months of the receipt of certified copy of this order. 9. No costs.