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2015 Supreme(Mad) 1254

K.K.SASIDHARAN
M. Kamaraj – Appellant
Versus
Principal Secretary to Government, Highways & Minor ports (HL1) Department – Respondent


Advocates:
Advocate Appeared
For the Petitioner:K. Venkataramani, Senior Counsel for M. Muthappan, Advocate.
For the Respondents: M.S. Ramesh, Addl. Government Pleader.

Judgment

1. This Writ Petition is directed against the order in G.O.(D) No.216 Highways & Minor Ports (HL1) Department dated 25 October 2013 whereby and whereunder the first respondent was pleased to impose punishment of stoppage of increment for a period of three months on the petitioner.

Brief facts :-

2. The petitioner entered Government service as Assistant Engineer in Highways Department on 25 September 1981. He was promoted as Assistant Divisional Engineer and later as Divisional Engineer.

3. While so, the second respondent issued a charge memo to the petitioner containing as many as four charges. Similarly, four other employees were also proceeded departmentally. The Enquiry Officer submitted a report to the effect charges 1 and 2 have not been proved. With respect to charge No.3, the Enquiry Officer reported that it was partly proved. Since charge no.3 was partly proved, the Enquiry Officer opined that charge no.4 was also proved. The Enquiry Officer arrived at a finding that the petitioner executed work by using the required quantity of bitumen and emulsion and that there was no loss to the Government. According to the Enquiry Officer, there was a procedural lapse in accounti























































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