The court emphasized that strict rules of evidence applicable in criminal trials do not apply to disciplinary proceedings and that the court should not act as an appellate authority in such proceedings.

JUDGMENT

(Prayer: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorari calling for the records of the respondent in connection with the impugned order passed by him in G.O.(2D) No.48, Home (Tr.II) Department, dated 14.02.2022 against the petitioner and quashing the same.

W.P.No.28750 of 2022: Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Certiorari calling for the records of the respondent in connection with the impugned order passed by him in G.O.(2D) No.49, Home (Tr.II) Department, dated 14.02.2022 against the petitioner and quashing the same.)

1. Challenging the punishment of stoppage of increment for a period of three years with cumulative effect imposed against the petitioners by the respondent by way of two separate government orders under G.O. (2D) No.48, Home (Transport-II) Department, dated 14.02.2022 and G.O. (2D) No.49, Home (Transport-II) Department, dated 14.02.2022, the petitioners have come forward with the present writ petitions individually.

2.0. The facts leading to the filing of the present writ petitions in brief are as under:-

2.1. The petitioner in W.P.No.28740 of 2022 viz., Kaliappan was selected by Tamil Nadu Public Service Commission (TNPSC) to the post of Motor Vehicles Inspector Grade-II in the Transport Department and was appointed on 06.12.2000. He was promoted as Motor Vehicles Inspector Grade-I on 17.03.2007 and was further promoted as Regional Transport Officer (RTO) on 17.04.2017. He is at present working as RTO, Thirupathur in Thiruppathur District.

2.2. The petitioner in W.P.No.28750 o f2022 was selected by the TNPSC to the post of Motor Vehicles Inspector Grade-II in the Transport Department and was appointed on 04.04.2001. He was promoted as Motor Vehicles Inspector Grade-I on 01.06.2007. He is at present working as MV Inspector Grade-I in the office of the RTO, Villupuram.

2.3. A surprise check was conducted by the District Inspection Cell Inspector along with officials of the Directorate of Vigilance and Anticorruption in the office of the RTO, Vellore, on 29.10.2020 between 17.45 and 22.15 hours. Such joint surprise inspection, led to the seizure of an unclaimed and unaccounted cash of Rs.85,680/- from the office premises, touts and from the office staff. On the above allegations, two separate proceedings were initiated against P.Dharani (AO1), the then RTO, Vellore and the petitioner (AO2 and AO3), the then Motor Vehicle Inspectors Grade-I by the Commissioner, Tribunal for Disciplinary Proceedings in TDP Case No.1 of 2018 and T.D.P.No.2 of 2018. On 24.05.2018, charges were framed against all the three Accused Officers.

2.4. The charge as framed against the Accused Officers 1 to 3 by the tribunal are as under:-

Charge No.1 (TDP Case No.1 of 2018)

That, actuated by corrupt and dishonest motive and abuse of your (Accused Officer-1, Accused Officer-2 and Accused Officer-3) official position and authority, you (Accused Officer-1) while working as Regional Transport Officer, Vellore, you (Accused Officer-2) while working as Motor Vehicles Inspector, Grade-I, Regional Transport Office, Vellore, and you (Accused Officer-3) while working as Motor Vehicles Inspector, Grade-I, Regional Transport Office,Vellore, obtained illegal gratification other than legal remuneration in as much as during a joint surprise check conducted by Inspection Cell Inspector, District Inspection Cell Office, Collectorate, Vellore and Officials of Vigilance and Anti-Corruption, Vellore Detachment, on 29.10.2010 between 17.45 hrs and 22.15 hrs, which resulted in the seizure of unclaimed and unaccounted cash totaling to a sum of Rs.85,680/- (Rupees Eight Five Thousand Six Hundred and Eight only) which was seized from (i) office premises a sum of Rs.27,730/- (i.e., Rs.26,700/- from Rack near B2 seat (Accused Officer