W.P.No.963 of 2015 IN THE HIGH COURT OF JUDICATURE AT MADRAS CORAM: THE HONOURABLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No.963 of 2015 Judgment reserved on 03.04.2025 Judgment pronounced on 25.04.2025 V.Ravikumar ...Petitioner .....Vs..... 1.Government of Tamil Nadu, Rep.by Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009. 2. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035. 3. The Chairman, The Appellate Authority, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035. .....Respondents Prayer:- Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Certiorarified Mandamus, calling for the records of the respondent 2 in proceeding No.DC-3/20170/2011 dated 1/8 https://www.mhc.tn.gov.in/judis W.P.No.963 of 2015 10.08.2012 and DC-2/35507/2012 dated 03.01.2013 respectively and quash the same and grant the petitioner's promotion with effect from 30.06.2011 with seniority and grant all other monetary and attendance benefits. For Petitioner : Mr.M.Selvam For R1 : Mr.V.Veluchamy, Additional Government Pleader For R2&R3 : Mr.V.Logesh, Standing Counsel ******* O R D E R This Writ Petition has been filed to call for the records of the second respondent in proceedings No. DC-3/20170/2011, dated 10.08.2012, and DC- 2/35507/2012, dated 03.01.2013, respectively, and to quash the same. The petitioners also seek their promotion with effect from 30.06.2011, with seniority, and the grant of all other monetary and attendance benefits. 2. The brief facts leading to the filing of the above Writ Petition are as follows: The petitioner herein was working as a Superintendent in the Salem Housing Unit from 23.02.2010 onwards. Regarding his conduct, the Executive Engineer and Administrative Officer of the Salem Housing Unit, Tamil Nadu Housing Board, reported to the higher authorities that the 2/8 https://www.mhc.tn.gov.in/judis W.P.No.963 of 2015 petitioner had suppressed the fact of the registration of a police case and the filing of an F.I.R. against him for the alleged manhandling of an allottee of the Tamil Nadu Housing Board in Namakkal. It is further alleged that he also suppressed the fact of his personal appearance before the police authorities in Namakkal in connection with the inquiry related to the said F.I.R. Additionally, according to the Executive Engineer's report, the petitioner failed to carry out the instructions of the Superintending Engineer, Salem Circle, to complete the work of compiling booklets and drawing lots for various persons in the Salem Division. His failure to perform these duties resulted in the framing of the following charges:- • Enquiry completed. • Charges 1 and 2 were held to be not proved. • Charge No. 3 was partially proved 3. The enquiry report was accepted by the disciplinary authority. Accordingly, a punishment of stoppage of increment for a period of one year with cumulative effect was ordered, and hence, the writ petition was filed. 4. I have heard the learned counsel appearing for the petitioner. 3/8 https://www.mhc.tn.gov.in/judis W.P.No.963 of 2015 5.He stated that Charges 1 and 2 were not proved, and Charge No. 4 was the only one proven, which he attributed to personal rivalry between the concerned officer and the Superintending Engineer, due to the petitioner’s failure to perform the job as the Superintending Engineer desired. Charge No. 3 was held to be partially proved, which relates to the petitioner’s failure to carry out the instructions of the Superintending Engineer to complete the work of compiling booklets for the drawal of lots for various locations. He further conducted himself in a manner unbecoming of a board servant, cheated the office, and gravely harmed the image of the Tamil Nadu Housing Board in the eyes of the public. 6. The registration of the F.I.R. was not communicated to the Executive Engineer, and the petitioner’s appearance before the local police for allegedly manhandling the general public in the office of the Tamil Nadu Housing Board is the crux of the issue. An F.I.R. was registered against him, and he also appeared before the police. However, both of these facts were not disclosed to the Executive Officer as required under the regulations. The enquiry officer held that Charges 1 and 2 were not proved, while Charges 3 and 4 were held to be proved to the extent indicated above. 4/8 https://www.mhc.tn.gov.in/judis W.P.No.963 of 2015 7. Taking into consideration that the petitioner failed to complete the work of compiling booklets for the drawal of lots for various locations and conducted himself in a manner unbecoming of a board servant, it was held to be proved. As a result, the disciplinary authority imposed a punishment of stoppage of increment for a period of one year with cumulative effect. 8. After perusing the enquiry officer's report, I find that the findings of the enquiry officer are correct. No lapses were found in the enquiry officer's report by the disciplinary authority, which had accepted the findings and awarded the punishment accordingly. 9. Taking into consideration the gravity of the offence, the punishment of stoppage of increment for one year is hereby confirmed. However, the cumulative effect is set aside. 10. It is submitted by the learned Standing Counsel for the Housing Board that, due to the currency of the punishment, the petitioner was not 5/8 https://www.mhc.tn.gov.in/judis W.P.No.963 of 2015 given promotion initially. However, his name was considered for promotion in the years 2014 and 2015, and he was awarded promotion as Assistant Revenue Officer on 09.02.2015. He joined the Hosur Housing Unit on the same day. Subsequently, he was promoted to Manager on 18.04.2018 in the Trichy Housing Unit and retired from the Vellore Housing Unit on 31.03.2020. 11. As indicated above, this Writ Petition is partly allowed to the limited extent stated supra. No costs. Consequently, the connected M.P. is closed. 25.04.2025 nvi Index : Yes / No Neutral Citation : Yes/No To 1.The Secretary to Government, Housing and Urban Development Department, Secretariat, Chennai - 600 009. 2. The Managing Director, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035. 6/8 https://www.mhc.tn.gov.in/judis W.P.No.963 of 2015 3. The Chairman, The Appellate Authority, Tamil Nadu Housing Board, No.493, Anna Salai, Nandanam, Chennai - 600 035. 7/8 https://www.mhc.tn.gov.in/judis W.P.No.963 of 2015 RMT.TEEKAA RAMAN, J. nvi order in W.P.No.963 of 2015 and M.P.No.1 of 2015 25.04.2025 8/8 https://www.mhc.tn.gov.in/judis