S RAJU Vs. CHIEF EDUCATIONAL OFFICER

JUDGEMENT

(1.) THIS petition has been filed seeking to set aside the punishment of stoppage of increment for six months imposed on the petitioner for the lapses alleged to have occurred during the academic year 1980-81.

(2.) THE petitioner had worked as an Assistant Educational Officer in the Kalikudi Panchayat Union between 1.6.1981 and 4.10.1985. By a charge memo, dated 10.10.1990, a charge had been framed against the petitioner alleging that he had not maintained teacher pupil ratio in the Kalikudi Chatram Panchayat Union Elementary School. THE petitioner had submitted a reply to the charge memo, on 9.8.91. Without considering the reply submitted by the petitioner, an order had been passed, on 21.11.1992, imposing on the petitioner, the punishment of stoppage of increment for six months. THE petitioner had filed an appeal, dated 31.12.1992, before the second respondent. THE appeal was rejected by an order, dated 9.2.1995.

(3.) BASED on the explanations given by the officers and based on the oral enquiries, the Chief Educational Officer, Madurai, had come to the conclusion that disciplinary action should be taken against the concerned officers as per Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. Accordingly, charges were framed against the petitioner in Rc.No.27163-D2/90(1), dated 16.7.91. The explanation submitted by the petitioner, on 9.8.91, and the oral version of the petitioner during the enquiry held on 21.12.1991, were taken into consideration. Since the charges framed against the petitioner were proved beyond doubt, a minor punishment of stoppage of increment for six months was awarded, vide Rc.No.27163-D2/90(1), dated 21.11.92, by the Chief Educational Officer, Madurai. Aggrieved by the order of the Chief Educational Officer, Madurai, the petitioner had filed an appeal petition, on 31.12.1992, to the Director of School Education, Madras. The Appellate Authority had rejected the appeal in his proceedings Rc.No.117080-C3/93-2, dated 9.2.95. Challenging the impugned orders passed by the respondents, the petitioner had filed the original application before the Tamil Nadu Administrative Tribunal in O.A.No.8037 of 1995, which has been transferred and re-numbered as W.P.No.27289 of 2006 before this Court.