W.P.No.26231 of 2014 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.02.2025 CORAM : THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.26231 of 2014 K.Arumugam ... Petitioner Vs. The Deputy Commissioner (Commercial Taxes), Range 4 Office, Peraringar Anna Memorial Building, 2nd Floor, Greams Road, Chennai – 600 006. ... Respondent Prayer: Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Certiorari, to call for the entire records which culminated in issuing the proceedings in Na.Ka.3374/2011/A1 dated 11.06.2014 on the file of the respondent, quash the same. For Petitioner : No Appearance For Respondent : Mrs.K.Vasanthamala Government Advocate 1/7 https://www.mhc.tn.gov.in/judis W.P.No.26231 of 2014 ORDER There is no representation on behalf of the petitioner. The learned Government Advocate for the respondent is present and assisted the Court with the facts of the case. 2. In this writ petition, the petitioner has challenged the impugned order passed by the respondent dated 11.06.2014 bearing reference No.Na.Ka.No.3374/2011/A1. By the impugned order, the charges framed against the petitioner on 15.07.2011 have been held to be proved and therefore the petitioner has been imposed with the penalty and punishment of stoppage of increment for a period of 10 years with cumulative effect. The aforesaid punishment has been awarded as an alternate punishment, taking note of the age of the petitioner and his long service, as otherwise it would result in dismissal from service. The charges framed against the petitioner are as under: “Fw;wr;rhl;L vz; 1 tzpfthpj; Jiwapy; mYtyf cjtpahsuhf gzpapy; nrUtjw;F Kd; jpU/f/MWKfk; mth;fs; jkpH;ehL murpd; ntW Jiwfspy; gzpg[hpe;jpUf;ftpy;iy/ Mdhy; jtwhd Kiwapy; jd; bgaiu brd;id khtl;l Ml;rpahpd; Ml;Fiwg;g[ gl;oaypy; ,lk; bgwr; bra;J mjd; KPyk; tiuaWf;fg;gl;l jFjpfs; ,y;yhknyna muRg;gzpapy; 2/7 https://www.mhc.tn.gov.in/judis W.P.No.26231 of 2014 mYtyf cjtpahsuhfg; gzp epakdk; bgw;Ws;shh;/ Fw;wr;rhl;L vz; 2 jpU/f/MWKfk;. Mytyf cjtpahsh; mth;fs; gzpapy; nrUtjw;FKd; jkpH;ehL murpd; ntW Jiwfspy; gzpg[hpe;jpUf;ftpy;iy/ Mdhy; jhd; fjh; fpuhk bkUF kz;ghz;lj; bjhHpy; thhpak;. brt;thg;ngl;il vd;w ,lj;jpy; 1978 Kjy; 1979 tiu gzpg[hpe;jjhf bgha;ahd jftiy bjhptpj;Js;shh;/ Fw;wr;rhl;L vz; 3 jpU/f/MWKfk;. Mytyf cjtpahsh; vd;gth; nkw;Fwpg;gplg;gl;l Fw;wbray;fSld; jPa cs;nehf;fj;JlDk;. Fw;w vz;zj;JlDk;. neh;ikaw;w KiwapYk; ntW muRj;Jiwapy; gzpg[hpe;jjw;fhd nghypahd gdp epakdk; kw;Wk; gzp ePf;f Mizfis rkh;g;gpj;Jk;. jdJ gjtpapy; neh;ik kw;Wk; gw;Wjiy gpd;gw;wj; jtwpa[k; muRg; gzpahsh;fspd; elj;ij bewpKiwfis filg;gpof;fj; jtwpa[k; jkpH;ehL muRg;gzpahsh; elj;ij tpjpfs; 1973d; tpjp vz; 20(1) I kPwpa[s;shh;/” 3. The specific case of the petitioner is that the report of the enquiry officer was not submitted to the petitioner and that the petitioner was not issued with a two Show Cause Notice before major punishment and hence the impugned order is liable to be interfered with. 4. In the counter affidavit filed by the respondent it has been stated that report of the Enquiry Officer was also furnished to the petitioner himself on 25.04.2004 which was duly acknowledged by the petitioner 3/7 https://www.mhc.tn.gov.in/judis W.P.No.26231 of 2014 and therefore it cannot be denied that the petitioner was not served with the enquiry report dated 14.05.2014. 5. A reading of the documents filed by the petitioner indicates that the first charge was framed against the petitioner for producing forged and fabricated certificate as if the petitioner worked as a on daily wage worker for 13 months in the Khadi Village and Handicraft Board, Sevvaipettai, Chennai and had produced the same for the purpose of inclusion of his name in the list of retrenched persons prepared by the District Collector to obtain employment as an Office Assistant in the respondent/Commercial Tax Department on 08.10.1982. The second charge is to that effect the petitioner has furnished the same as if he was employed on daily wage basis for 13 months. The third charge relates to contravention of Rule 20(1) of the Tamil Nadu Government Servant Conduct Rules. 6. It is noticed that the proceedings of the respondent dated 28.03.2005 clearly brings out the fact that the petitioner had produced a false experience certificate to get employment with the respondent, as a 4/7 https://www.mhc.tn.gov.in/judis W.P.No.26231 of 2014 result of which name of the petitioner was included in the list. Para 16 of the aforesaid proceedings dated 28.03.2005 reads as under: “16. Besides, the details of the disciplinary action taken against the 13 Office Assistants produced as witness before the Tribunal for disciplinary proceedings as mentioned in paragraph 7 above is being gathered from the Assistant Commissioners (CT) concerned. I shall submit my further report in this regard shortly. ” 7. In this background, a charge memo was issued on 15.07.2011 which has culminated in the impugned order. The explanation of the petitioner has been rejected based on the Enquiry Report dated 25.04.2014, copy of which was handed over to the petitioner. The respondent has accepted the findings of the Enquiry Officer and thus imposed the above punishment on the petitioner. 8. A reading of the above impugned order indicates that the respondent have been considerate in not dismissing the petitioner from service. The respondent has merely imposed a punishment of stoppage of increment of 10 years. Otherwise, the petitioner would have been dismissed from service which would have been much harsher. I find no infirmity in the impugned order to warrant an interference under Article 226 of the constitution of India. 5/7 https://www.mhc.tn.gov.in/judis W.P.No.26231 of 2014 9. Therefore, this Writ Petition is liable to be dismissed and it is accordingly dismissed. No costs. 04.02.2025 Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation : Yes/No jas To: The Deputy Commissioner (Commercial Taxes), Range 4 Office, Peraringar Anna Memorial Building, 2nd Floor, Greams Road, Chennai – 600 006. C.SARAVANAN, J. 6/7 https://www.mhc.tn.gov.in/judis W.P.No.26231 of 2014 jas W.P.No.26231 of 2014 04.02.2025 7/7 https://www.mhc.tn.gov.in/judis