T GNANASEKARAN Vs. TAMIL NADU STATE MARKETING CORPORATION LTD

JUDGEMENT

(1.) THE petitioner was working as an Assistant Manager with the respondents-Corporation. Based upon a surprise inspection, it was found that a sum of Rs.17,792/- was found to be in short and therefore, charges have been framed against the petitioner under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. THEreafter, pursuant to the enquiry, the petitioner was awarded the punishment of stoppage of increment for two years without cumulative effect, by the second respondent, by an order dated 26.02.2007. Challenging the order of the second respondent, the petitioner has preferred an appeal before the first respondent. THE first respondent in turn by the proceedings dated 16.07.2009 has rejected the appeal. THE order of the first respondent has been signed by the second respondent, being the Managing Director of the respondents - Corporation. Challenging the above said orders, the petitioner has filed the present writ petition.

(2.) MR.VR.Shanmuganathan, learned counsel for the petitioner submitted that inasmuch as the appeal was preferred against the order of the second respondent to the first respondent, the second respondent ought not to have presided over the meeting, while rejecting the appeal filed by the petitioner. The learned counsel further submitted that the second respondent has also acted as one of the Director of the respondent - Corporation and presided over the meeting and in fact, signed the proceedings. Hence, the learned counsel for the petitioner submitted that the proceedings of the first respondent is liable to be set aside in view of violation of principles of natural justice, as no man shall be a Judge of his own cause.

(3.) CONSIDERING the said legal position, this Court is of the opinion that the impugned order dated 16.07.2009 of the first respondent is liable to be set aside and the appeal will have to be decided by the first respondent afresh, on merits and in accordance with law, without participation of the second respondent.