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2006 Supreme(Mad) 1036

N.PAUL VASANTHAKUMAR
G. Rajendran – Appellant
Versus
The Secretary to Government, Health and Family Welfare Department, and another – Respondent


Advocates Appeared:
S.M. Subramaniam, for Petitioner.
R. Lakshminarayan, Government advocate, for Respondents.

Judgment :

The prayer in the writ petition is to quash the order issued in G.O.(D)No.863, dated 16.7.1996 imposing the punishment of stoppage of increment for one year without cumulative effect.

2. The brief facts necessary for disposal of the writ petition are that the petitioner, while working as Assistant Medical Officer in Government Primary Health Centre, Edapalli, Nilgiris District, was issued with a show cause notice stating that on 8.5.1995 at 4.00 p.m., when the Secretary to the Government came for inspection, the petitioner was not on duty. The petitioner submitted his explanation on 6.6.1995 and stated that on 8.5.1995 at about 12.00 noon, his health condition being not alright, he applied for leave to the In-charge Medical Officer and left the office at 1.00 p.m. and the said leave was also sanctioned by the competent authority. A charge memo was issued by the second respondent on 4.12.1995 under Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules and the explanation of the petitioner having not been accepted, the impugned order was passed imposing the punishment stopping the petitioners increment for one year without cumulative effect.

3. Learned c















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