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2025 Supreme(Online)(Mad) 79850

IN THE HIGH COURT OF JUDICATURE AT MADRAS
K.SURENDER, J
The Secretary Sowrirajan High School Thiruvillaiyattam Thargambadi Taluk Nagapattinam District. – Appellant
Versus
State of Tamil Nadu – Respondent


Advocates:
For the Appellants/Petitioners: Mr.A.Muthukumar
For the Respondents: Ms.P.Rajarajeswari, Mr.S.Vijay Anand

Table of Content
1. nature of the disciplinary action and its implications. (Para 1 , 2 , 3)
2. the right to be heard in administrative proceedings. (Para 4 , 5)
3. court’s observation on procedural application. (Para 6)

O R D E R

This writ petition has been filed to quash the order, dated 6/7/2015, passed by the first respondent, in G.O.(4T) No.13 School Education (Pa.Ka.6 (2) Department.

2. The facts of the case are that while the third respondent was working in the petitioner School, a charge memo was issued on 3/8/2005. An enquiry was conducted, wherein all the charges were proved and the third respondent was inflicted with a punishment of stoppage of one annual increment as on 1/7/2005 with cumulative effect. Against the said order, an appeal was preferred by the third respondent. Vide, order dated 24/8/2011, the second respondent, modified the punishment to stoppage of one increment without cumulative effect.

3. Aggrieved by the orders in appeal, third respondent had approached the first respondent by filing a revision petition. In the revision, first respondent vide, order dated 6/7/2015 had set aside the punishment mainly on the ground that withholding the increment can be after t

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