TMI Blog2017 (1) TMI 867X X X X Extracts X X X X X X X X Extracts X X X X ..... has been held that in case the Disciplinary Authority differs with the view taken by the Inquiry Officer, he is bound to give a notice setting out his tentative conclusions to the delinquent and only after hearing the delinquent, the Disciplinary Authority shall arrive at a final finding of guilt and thereafter, the employee/delinquent would again have to be served with a notice relating to the punishment proposed - Admittedly, the said procedure has been given a complete go-by by the respondent/Disciplinary Authority. Petition allowed - decided in favor of petitioner. - W.P.Nos.31516, 31517, 31518 and 31519 of 2016 - - - Dated:- 4-1-2017 - M. Sathyanarayanan, J. For the Petitioner : Mr. S. Sivakumar For the Respondent : Mr. S. Kanmani Annamalai ORDER By consent, all these writ petitions are taken up for final disposal. W.P.No.31516 of 2016 2. The petitioner was directly recruited as Deputy Commercial Tax Officer through the Tamil Nadu Public Service Commission and joined duty on 19.12.2012 as Assistant Commissioner (Commercial Tax, Enforcement), Cuddalore and he claims that his service is meritorious. The petitioner, on completion of nine months tra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that his service is meritorious. The petitioner was subsequently promoted as Deputy Commercial Tax Officer (DCTO) and posted at Kottakuppam checkpost on 23.06.2013 and however, to his shock and surprise, the third respondent has passed an order dated 07.04.2014 transferring him from Vellore Division to Trichy Division and challenging the order of transfer, the petitioner has filed W.P.No.11124 of 2014 and the order of transfer was stayed by this Court and in the meanwhile, the petitioner was also issued with a charge memo dated 30.04.2014 alleging that while he was serving as DCTO at Kottakuppam check-post, has accepted the transit passes surrendered by persons in-charge of vehicles related to movement of oil to Puducherry State without actual movement of vehicle with goods and the said act has been done with the connivance of dealers and thereby caused revenue loss to the Government to the tune of ₹ 3,15,758/-. The writ petition filed by the petitioner challenging the order of transfer was disposed of with certain directions and he has also joined in the transferred post and thereafter, submitted his explanation to the charge memo. The Assistant Commissioner (CT), Enforceme ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y Report was placed before the Disciplinary Authority, namely the respondent. The Disciplinary Authority has recorded reasons for disagreeing with the findings of the Enquiry Officer by taking into consideration verification of the vehicular movement recorded at Anumanthai Toll Plaza at the East Coast Road and other materials and held that the charges framed against the petitioner had been proved and imposed the punishment of stoppage of increment for a period of one year without cumulative effect, vide impugned order dated 20.07.2016. The petitioner, challenging the legality of the same, has filed this writ petition. W.P.No.31519 of 2016 5. The petitioner joined the services of the respondent as Junior Assistant on 12.02.1999 through Tamil Nadu Public Service Commission and promoted as Assistant in the year 2006 and subsequently, on merit and seniority, he was promoted as Deputy Commercial Tax Officer in the year 2011 and he claims that his service is meritorious. The petitioner was promoted as Deputy Commercial Tax Officer (DCTO) and posted at Kottakuppam checkpost on 22.06.2012 and while serving so, to his shock and surprise, the third respondent has passed an order dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . ITI LTD. and another [(2006) 9 SCC 440]. It is the further submission of the learned counsel appearing for the petitioners that the Disciplinary Authority, in the impugned order, has placed reliance upon the details, the details of which have not been disclosed in the order and also drawn the attention of this Court to the Enquiry Officer's report and would submit that admittedly, no oral evidence was let in and no document was marked and as such, the reliance placed by the Disciplinary Authority on certain documents without furnishing copy to the petitioners also vitiates the impugned orders of punishment and prays for interference. 7. Per contra, Mr.S.Kanmani Annamalai, learned Additional Government Pleader (Taxes) has drawn the attention of this Court to the counter affidavit filed by the respondent in these writ petitions and would submit that the Disciplinary Authority, after due and proper application of mind to the entire materials, thought fit to disagree with the findings of the Enquiry Officer and cogently recorded reasons as to why he differed from the views of the Enquiry Officer and after taking into consideration all the material facts, has rightly reached th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f any oral and documentary evidence, such a conclusion reached by the Disciplinary Authority is wholly unsustainable. 12. In Lav Nigam v. Chairman MD, ITI Ltd. and another [(2006) 9 SCC 440], it has been held that in case the Disciplinary Authority differs with the view taken by the Inquiry Officer, he is bound to give a notice setting out his tentative conclusions to the delinquent and only after hearing the delinquent, the Disciplinary Authority shall arrive at a final finding of guilt and thereafter, the employee/delinquent would again have to be served with a notice relating to the punishment proposed. Admittedly, the said procedure has been given a complete go-by by the respondent/Disciplinary Authority. 13. It is brought to the knowledge of this Court by the learned counsel appearing for the petitioners that three of the Office Assistants have also been proceeded with on the same set of allegations and though the Enquiry Officer has also reached the conclusion that the charges framed against them are not proved, the Disciplinary Authority has also chosen to accept the said finding and did not proceed further. In the considered opinion of the Court, the procedure adopt ..... X X X X Extracts X X X X X X X X Extracts X X X X
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