The Madurai Bench dismissed the employer's writ appeal against the Single Judge's order that set aside the portion of a punishment imposing stoppage of increment without cumulative effect, noting recovery of actual losses and the delinquent officer's death.
Writ Appeal dismissed with no costs. Order of Writ Court setting aside punishment remains.
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W.A.(MD)No.645 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16.08.2023
CORAM:
THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.A.(MD)No.645 of 2014
The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai. ...Appellant
/Vs./
1.M.Velladurai
2.The Secretary to Government, Handlooms Handicrafts Textiles and Khadi (F1) Department, Secretariat, Chennai. ...Respondents
PRAYER:- Writ Appeal - filed under Clause XV of Letters Patent Act, to set aside the judgment made in W.P.(MD)No.6500 of 2008 dated 17.04.2013 “setting aside the award of punishment of stoppage of increment for 3 years without cumulative effect” alone and allow the Writ Appeal.
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W.A.(MD)No.645 of 2014
For Appellant : Mr.Raghivaran Gopalan For Respondents : Mr.S.Shaji Bino (R2) Special Government Pleader R1 – Died
JUDGMENT
(Judgment of the Court was made by R.VIJAYAKUMAR, J. )
The first respondent in the writ petition is the appellant herein. The writ petitioner was a former Regional Deputy Director of Tamil Nadu Khadi and Village Industries Board and he had challenged an order of punishment dated 03.04.2007, under which he was imposed with punishment of stoppage of increment for three years without cumulative effect and recovery of Rs.18,900/-.
basis of a charge relating to purchase of low quality materials for the footwear unit without adhering to the instructions issued by the Board from time to time. In view of the said misconduct, the Board has
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W.A.(MD)No.645 of 2014
incurred a notional loss of Rs.18,900/-, which was sought to be recovered under the same order.
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W.A.(MD)No.645 of 2014
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W.A.(MD)No.645 of 2014
[A.S.M.J.,] & [R.V.J.,] 16.08.2023
NCC :Yes/No Index :Yes/No Internet :Yes
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W.A.(MD)No.645 of 2014
DR.ANITA SUMANTH, J. AND R.VIJAYAKUMAR, J.
sm
TO:
The Secretary to Government, Handlooms Handicrafts Textiles and Khadi (F1) Department, Secretariat, Chennai.
Judgment made in W.A.(MD)No.645 of 2014
Dated: 16.08.2023
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2 issues framed by the court
Whether the High Court was justified in dismissing the writ appeal of the employer against the writ court's decision to set aside the enhancement part of a departmental punishment.
Whether the quantum of monetary loss justified the interference with the order setting aside the punishment of stoppage of increment.
The Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai
1.M.Velladurai
The Secretary to Government, Handlooms Handicrafts Textiles and Khadi Department
DR.JUSTICE ANITA SUMANTH
MR.JUSTICE R.VIJAYAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
