The recovery exceeding the permissible punishment under Rule 17(a) requires an enquiry as per Rule 17(b), and the charge memo should allege negligence or breach of orders for recovery.

1. The petitioner was working as a Forest Ranger. He was issued with a charge memo dated 30.04.1999 under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (shortly "the Rules") making certain allegations. On the ground that the petitioner did not submit his explanation on the charge memo, straight away the impugned order dated 25.01.2001 was passed by the first respondent ordering recovery of a sum of Rs.1,41,339/-. The petitioner challenged the same by filing Original Application in O.A.No.5149 of 2001 before the Tamil Nadu Administrative Tribunal.

2. The respondents filed reply affidavit refuting the allegations made by the petitioner.

3. In view of the abolition of the Tribunal, the matter stood transferred to this Court and was renumbered as W.P.No.3637 of 2007.

4. Heard both sides.

5. It is true that for imposing minor punishments, namely, (i) censure (ii) fine (iii) withholding of increments and (iv) recovery from pay of the whole or part of any pecuniary loss caused by negligence or breach of orders etc., Rule 17(a) of the Rules does not contemplate holding of enquiry before imposing those punishments. But the second proviso to Rule 17(a) of the Rules contemplates that if a punishment to withhold increments of pay without cumulative effect for a period exceeding three years or to withhold increment of pay with cumulative effect for any period, the procedure laid down in rule 17(b) of the Rules shall be followed.

6. Rules 8 and 17(a) of the Rules are extracted hereunder:

"Rule 8 – Penalties

Part -III – Penalties and Procedures

The following penalties may, for good and sufficient reason and as herein provided, be imposed upon every person who is a member of the civil service of the State and every person holding a civil post under the State specified in Rule 2, namely:-

i. Censure

ii. Fine (in the case of persons for whom such penalty is permissible under these rules),

iii. withholding of increments or promotion:

Provided that in cases where the punishment of withholding of increment cannot be given effect to fully, the monetary value equivalent to the amount of increments ordered to be withheld for the unexpired period of the punishment shall be recovered from the person:

Provided further that in cases of stoppage of increment with cumulative effect, the monetary value equivalent to three times the amount of increments ordered to be withheld may be recovered.

(iv) Reduction to a lower rank in the seniority list or to a lower post not being lower than to which he was directly recruited, whether in the same service or in another service, State or Subordinate or to a lower time scale, not being lower than that to which he was directly recruited, or to a lower stage in a time scale:

Provided that in cases where the punishment of reduction to a lower stage in a time scale cannot be given effect to fully, the monetary value equivalent to the difference in emoluments as a result of reduction to such lower stage in the time-scale for the unexpired period of the punishment shall be recovered from the person.

(v) Recovery from pay of the whole or part of any pecuniary loss caused to the State Government or the Central Government or to any Government Company or Organisation or Local Authority or to a Local Body, while on deputation, by negligence or breach of orders.

(vi) Compulsory retirement.

(vii) Removal from the Civil Service of the State Government.

(viii) Dismissal from the Civil Service of the State Government.

(ix) Suspension, where a person has already been suspended under Rule 17(e) to the extent considered necessary by the authority imposing the penalty.

The penalties mentioned in items (i) to (iii), (v) and (ix) will be deemed to be minor penalties and those in (iv), (vi) to (viii) as major penalties.

The penalties mentioned in items (vi), (vii) or (viii) as the case may be, shall be imposed on a Government servant for the violation of Rule 19 of the Tamil Nadu Govern