ORDER

This writ petition is filed for a mandamus directing the second respondent the District Collector, Madurai to reduce the punishment of stoppage of increment imposed by him on the petitioner, vide proceedings dated 11.03.2013 in Na.Ka.No.12234/2012-Voo.Va.5, as per the order dated 18.11.2021, passed by this Court in W.P(MD)No.10106 of 2014.

2.The petitioner, who is working as Junior Assistant in the Panchayat Union Office, Alanganallur was imposed with punishment of stoppage of increment for a period of three years in the departmental proceedings initiated against the petitioner and one Adhimoolam for the incident took place in the Panchayat Union Office at Vadipatti on 11.02.2012.

3.The allegation as against the petitioner and the other delinquent Adhimoolam is that during the office hours both under the influence of Alcohol quarrelled with each other and they were also charged for dereliction of duty. For this incident they were issued with a charge memo under Rule 17(b) of the Tamil Nadu Civil Service (Discipline and Appeal) Rules.

In conclusion of the enquiry, the enquiry officer filed a report that the charges were not proved. However, the disciplinary authority differed from the report of the enquiry officer and imposed punishment of stoppage of increment for a period of three years with cumulative effect vide proceedings No.12234 of 2012 dated 11.03.2013 to both of them. As against the punishment, the co-delinquent Adhimoolam preferred an appeal before the Director of Rural Development and Panchayat Raj and the same was dismissed vide proceedings in Na.Ka.No.83587/2013/ DPC2-1, dated 17.02.2014 by confirming the punishment imposed by the disciplinary authority.

4.Challenging the said punishment, the co-delinquent has filed a writ petition before this Court in W.P(MD)No.10106 of 2014 and this Court held that there is no proof for the charge that the petitioner and the co-delinquent were under the influence of alcohol at the time of quarrel and they were not taken for medical examination and there is no scientific evidence substantiating the allegations against them and allowed the writ petition filed by the co-delinquent observing that the punishment of stoppage of increment for three years with cumulative effect and treating the suspension as penalty is excessive. However, this Court considering the fact that the petitioner Adhimoolam had quarrelled with this petitioner Kumaravel during office hours and spoiled the decorum of the office, reduced the punishment to three months. The order in W.P(MD)No.10106 of 2014 was passed on 18.11.2021 and based on that the petitioner has preferred this writ petition for directing the second respondent the District Collector, Madurai to reduce the punishment imposed on this petitioner vide the impugned order.

5.The learned Counsel for the petitioner submits that the petitioner and other delinquent are friends. They were working in the Panchayat Union Office at Vadipatti. They were doing their work in a common table due to lack of sufficient space. While so, one file was mistakenly taken by the co-delinquent Adhimoolam and therefore, in search of the said file, the petitioner had wordy quarrel with him but, the same was exaggerated and disciplinary action was initiated. The enquiry officer found that the charges were not proved. However, the disciplinary authority imposed punishment of stoppage of increment for a period of three years with cumulative effect to both the petitioner and the co-delinquent Adhimoolam.

6.The learned Counsel further submits that this Court in the writ petition filed by the co-delinquent in W.P(MD)No.10106 of 2014 dated 18.11.2021 by holding that the charge of quarrel under the influence of alcohol has not been proved and in the absence of any medical evidence, the punishment of stoppage of increment for three years is imposed, reduced the punishment to three months. Therefore this Court taking into consideration of the same, shall issue necessary direction to