- (1.) THE Original Application in O.A.No,864 of 2002 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as "the Tribunal") is now Writ Petition in W.P.No,9341 of 2007 before this Court.
(2.) HEARD Mr.Stalin Muthu, learned counsel for the petitioner and Mr.T.Chandrasekaran, learned Special Government Pleader (HR & CE) for the respondents. The petitioner is a Joint Commissioner in Hindu Religious and Charitable Endowments Department. He was working as a Joint Commissioner in Vellore Division during 06.08.1996 to 11.06.1997 for a period of nine months. 338 listed temples were under his control besides, two temples were under his direct control and four temples under the Assistant Commissioner were all under his jurisdiction. Mr.Pandiyan was the Assistant Commissioner / Executive Officer at Thiruvannamalai Arul Migu Arunachalaeswarar Temple, while the petitioner was a Joint Commissioner. A Charge Memo dated 02.08.2001 was issued to him making six charges, relating to his lack of supervision of the aforesaid temple. An enquiry was conducted and the Enquiry Officer found all the charges were not proved, except charge No,4, which was held to be partly proved.
(3.) BASED on such a finding of the Enquiry Officer, the first respondent issued G.O.Ms.No.129, dated 02.08.2001 imposing a punishment of stoppage of increment without cumulative effect for a period of one year. The petitioner filed O.A.864 of 2002 ( W.P.No,9341 of 2007) to quash the aforesaid G.O.Ms.No.129, dated 02.08.2001.;