1. The petitioner has challenged the impugned memo issued by the second respondent proposing to decide against the finding of the enquiry officer in respect of charges 1 and 2 and calling for further representation from the petitioner, by enclosing a copy of the report of the enquiry officer who has held the charges not proved against the petitioner. The memo also contains annexure explaining the reasons for holding the charges as proved, disagreeing with the findings of the enquiry officer.

2. The petitioner who joined as Junior Assistant through the Tamil Nadu Public Service Commission on 8.1.1987 and posted in the Transport Department was promoted as Assistant on 29.8.1996. The petitioner was promoted as Superintendent for the year 2003-2004 by G.O.(D) No.1135, Home (Transport IV) Department dated 17.11.2004 and the promotion was given effect from 27.2.2004. His pay was also fixed in that cadre on 26.5.2007 with effect from 27.2.2004.

2(a). It is the case of the petitioner that he was eligible for promotion to the next post of Motor Vehicle Inspector (Non-technical) for the year 2007-2008 for which the crucial date was 15.3.2007. It is stated that on 31.5.2007 the fi