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2011 Supreme(Mad) 2369

M.Y.EQBAL, P.JYOTHIMANI, T.S.SIVAGNANAM
Deputy Inspector General of Police, Thanjavur – Appellant
Versus
V. Rani – Respondent


Advocates appeared:
For the Appellants:P. Wilson, Addl. Advocate General assisted by Rajasekar, S.N. Kribanandam, Spl. G.P.(Madurai), S. Sivashanmugham, Govt. Advocate, B. Vijay, Govt. Advocate, S. Viswalingam, Veera Kathiravan, S. Vadivelu, S. Selvathirumurugan, Advocate.
For the Respondent:Ajmalkhan, K. Balasundaram, G. Rajagopal, Sr. Counsel, A. Thirumoorthy, Y. Bhuvanesh Kumar, Advocates.

Judgment :-

1. The reference made in the batch of cases to the Full Bench relates to the issue, as to whether the currency of punishment has to be treated as a bar for promotion during the period, as it was held otherwise by the Division Bench of this Court in Subramanian v. Government of Tamil Nadu rep. by its Secretary, Chennai and others [2008 (5) MLJ 350].

2. In the above cited case, the delinquent was imposed with punishment of stoppage of increments for two years without cumulative effect as a minor punishment under rule 8 of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The delinquent, who was working as an Assistant Executive Engineer was served with a charge memo issued under rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and after enquiry, he was imposed with the punishment of stoppage of increments for two years without cumulative effect. A Panel for promotion to the post of Executive Engineer was notified by the Government in G.O.Ms. No.36 Public Works (A1) Department dated 31.01.1997, in which the said delinquent's name did not find a place and therefore, he approached the Tamil Nadu State Administrative Tribunal by filing O.A.N




































































































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