TMI Blog2014 (9) TMI 899X X X X Extracts X X X X X X X X Extracts X X X X ..... the post of Office Assistant, lower than the post which she was recruited, cannot be sustained and it is liable to be set aside. - Decided in favour of assessee. - Writ Petition No. 24862 of 2008 - - - Dated:- 5-9-2014 - S. Vaidyanathan,JJ. For the Petitioner : Mr. A. Immanuel For the Respondents : Mr. Manohara Sundaram, AGP ORDER The petitioner has come forward with the present writ petition, challenging the orders of the respondent, dated 28.08.2008, in and by which, for the proved charges, the petitioner has been imposed with the punishment of reduction from the post of Record Clerk to the post of Office Assistant. 2. The petitioner was appointed as Record Clerk in the office of the Deputy Commercial Tax Officer, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... extreme punishment of removal. Therefore, there are no merits in the writ petition and the same is liable to be dismissed. 4. Heard the learned counsel for the petitioner and the learned counsel for the respondent and perused the records. 5. It is not in dispute that the petitioner has been directly recruited to the post of Record Clerk in the year 1989 by proceedings dated 4.11.1989 of the Assistant Commissioner for Commercial Taxes, Tirunelveli. It is to be noted that for the proved serious misconduct committed by the petitioner, though she deserves punishment of removal from service, however, the respondent has taken a lenient view and imposed the punishment of reduction from the Post of Record Clerk to the post of Office Assista ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... which it would now choose to impose. But, we are of the opinion that it would be somewhat unfair that at this distance of time the matters are re-opened. We think, having regard to all the circumstances of the cases the orders that commend themselves appropriate in the two cases are in terms following: (i) In the first of the appeals, appellant-Nyadar Singh, has, after the period of the reduction in rank has spent itself out, been restored to the original position. It would, therefore, be sufficient to set aside the penalty imposed on him and direct that the period of service in the PG NO 560 reduced post be treated as service in the post held by him prior to imposition of the penalty, subject to the condition, however, that the appellan ..... X X X X Extracts X X X X X X X X Extracts X X X X
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