Disciplinary authorities have the discretion to impose penalties, but courts may modify punishments that are deemed disproportionate to the charges, ensuring they do not adversely affect pension rights.

ORDER :

(Order of the Court was made by G.ARUL MURUGAN, J.)

Writ petition has been filed challenging the order dated 11.01.2023 imposing punishment of reduction of time scale of pay by one stage and further to grant selection grade scale of pay to the petitioner in the post of Junior Assistant.

2. It is the case of the petitioner that he was originally appointed as an Office Assistant on 06.07.2000 and was thereafter promoted as Senior Bailiff in the cadre of Junior Assistant on 06.02.2012. Subsequently, he was appointed as a Junior Assistant with effect from 01.04.2015. As he has completed 10 years of service in the post of Junior Assistant, he is entitled to the selection grade in the post of Junior Assistant with effect from 06.02.2012. The petitioner retired from service on 31.01.2023, upon attaining the age of superannuation.

3. On the allegation that there were certain lapses while he was working as a Junior Assistant in the District Munsif Court, Senthamangalam, a charge memo was issued on 23.10.2021 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, 1955 (hereinafter referred to as 'Rules'), framing the following two charges:

CHARGE -1.

You, Thiru.K.Periyasamy, Junior Assistant during your tenure in this court for the period from 18.07.2020 to 07.08.2021, you were directed to verify the suit register written by Tmt.R.Ranjitha, Record Clerk of this court granting 10 days of time for the same vide this Office Order No.5/2020, dt.27.11.2020 and despite which, directions were issued to you to attend the same in your running note file. Further, oral instructions was issued by the Head Clerk of this court, inspite of which, you failed to attend the above work entrusted to you, which shows your insubordination towards your Superiors, lethargic attitude, gross negligence and dereliction of duty in your official work. Being a Junior Assistant it is your bounden duty and responsibility for the proper maintenance of registers and records under your custody and your act amounts to unbecoming of a Government servant and thus violated Rule 20 of the TNGSC Rules.

CHARGE-2:-

You, Thiru.K.Periyasamy, Junior Assistant during your tenure in this court for the period from 18.07.2020 to 07.08.2021, you were entrusted to attend the duties in the Copyist Section of this court along with writing of running index, maintenance of Suit Registers and C.R.19 register of this court. While so, the entire case records in O.S.No.7/2020 on the file of this court which was disposed on 24.02.2021 was handed over to you by the Typist of this court for indexing. you failed to attend the said work and in which Patta dt.21.12.1975 was found missing in that case bundle and you have failed to trace out the same, which shows your lethargic attitude, gross negligence and dereliction of duty in your official capacity which amounts to unbecoming of a Government servant and thus violated Rule 20 of the TNGSC Rules.”

4. The petitioner had submitted his reply on 02.12.2021 and not satisfied with the explanation, an enquiry officer was appointed on 08.06.2022. After enquiry, the enquiry officer has submitted his report on 15.12.2022. A second show cause notice dated 20.12.2022 was issued to the petitioner, for which the petitioner offered his reply on 04.01.2023. On considering the said reply, the disciplinary authority concurred with the findings of the enquiry officer and imposed punishment of reduction of pay scale by one stage till the date of his retirement with cumulative effect.

5. Assailing the said punishment and for consequential relief, the petitioner had preferred this writ petition.

6. Mr.P.Veeraraghavan, learned counsel for the petitioner, contended that the first charge is only in respect of insubordination and when the second charge was held to be not proved, the punishment imposed is too harsh and not proportionate to the charges. The learned counsel further submitted that the punishment of reduction in the pay scale till retirement,