The main legal point established is the importance of availing provided opportunities in disciplinary proceedings and the application of Rule 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in imposing a minor penalty.

JUDGMENT :

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, calling for the records of the respondents in connection with the impugned order passed by the 1st respondent in Proc.No.12788/KC3/2011 dated 26.09.2012 and by the 2nd respondent in Ref.No.2737/Mu.Ou./2013 dated 03.08.2013 and quash the same.)

1. The minor penalty of stoppage of increment for one year without cumulative effect, imposed in the impugned order passed by the 1st respondent in proceedings dated 26.09.2012 and the Appellate order issued by the 2nd respondent in proceedings dated 03.08.2013 are under challenge in the present writ petition.

2. The petitioner was appointed as Grade-II Warder in the year 2002. A charge memo was issued under Rule 17(a) of Tamil Nadu Civil Services (Discipline and Appeal) Rules against the writ petitioner in memo dated 27.08.2011, containing multiple charges for the alleged violation of Tamil Nadu Prison Manual and as well as the Government Servants Conduct Rules.

3. The petitioner submitted his explanations/objections, denying the charges and further objections on the ground that allegations are vague and made a request to mention the date and time and the place and other details regarding the allegations on 13.09.2011. On 27.09.2011, the petitioner received a reference, stating that based on the statements given by the Jail inmates of the prison, a charge memo was issued and further, the authority asked the petitioner to submit his reply within one week. The petitioner submitted a detailed representation, requesting the authorities to furnish the copies of 28 documents in order to deny his case. On 21.10.2011, the petitioner received a reply from the 1st respondent, directing the petitioner to visit the Sub-Jail and peruse all the documents within a period of 7 days in order to submit his reply. However, the petitioner again submitted a representation on 03.11.2011, insisting for the furnishing of those documents sought for by him in his earlier representation. The petitioner also submitted an application under the Right to Information Act, seeking the documents. The 1st respondent did not accepted the request of the petitioner to furnish the documents and therefore, the petitioner has not submitted his reply. The Authority Competent considered the materials available on records and imposed the punishment of stoppage of increment for one year without cumulative effect and thereafter, the petitioner preferred a Statutory Appeal before the 2nd respondent, which was also rejected by the 2nd respondent on 03.08.2013. The petitioner preferred a Review petition, which is yet to be disposed of.

4. The learned Senior Counsel appearing on behalf of the writ petitioner mainly contended the writ petitioner elaborately submitted a representation to furnish the documents and without even furnishing the documents, the authorities have continued the disciplinary proceedings and passed the order and therefore, the order impugned is liable to be set aside.

5. The learned Senior counsel is of an opinion that, whenever charges are denied by the delinquent official, then an enquiry is mandatory even for imposing minor penalty under the rules. In other words, it is contended that even for 17 (a) charges, if the delinquent official denied the allegation, then an enquiry is to be conducted by furnishing the documents.

6. The learned Additional Government Pleader appearing on behalf of the respondents objected the said contentions by stating that the charge memo has been initiated under Rules 17(a) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules for imposing only minor penalty. The procedure contemplated under Rule 17 (a) of the Discipline and Appeal Rules are that the delinquent official will be provided with an opportunity to submit his explanations/objections on the allegations and based on the records available, the Disciplinary Authority is empowered to pass final orders in