IN THE HIGH COURT OF JUDICATAURE AT MADRAS DATED 01.11.2010 CORAM THE HONOURABLE MR. JUSTICE D.HARIPARANTHAMAN W.P.No.40881 of 2006 (T) (O.A.No.5594 of 2000) T.S.Gunasekaran .. Petitioner Vs. 1.The Special Commissioner and Commissioner for Revenue Administration, Ezhilagam Annexe, Chepauk, Chennai 600 005 2.The District Revenue Officer, Kancheepuram District. 3.The Revenue Divisional Officer, Chengalpet Division, Chengalpet. 4.The Tahsildar, Distress Relief Fund, Chengalpet Taluk, Chengalpet. .. Respondents The Original Application No.5594 of 2000 has been filed before the Tamil Nadu Administrative Tribunal and after abolition of the Tribunal, the same was transferred to this Court and renumbered as writ petition seeking relief of Certiorarified Mandamus to call for the records on the file of the third and second respondents in connection with the orders passed by them in their proceedings Na.Ka No.498 of 1999 A dated 15.3.2000 and Na.Ka.No.53630/99/A1 dated 12.7.2000 affixed at the residence of the petitioner on 22.7.2000 Saturday, respectively and quash the same and direct the respondents to reinstate the petitioner in service with all service and monetary benefits. For Petitioner : Mr.S.Selvathirumurugan For Respondents : Mr.Lita Srinivasan Government Advocate O R D E R The writ petition is filed to call for the records on the file of the third and second respondents in connection with the orders passed by them in their proceedings Na.Ka No.498 of 1999 A https://hcservices.ecourts.gov.in/hcservices/ dated 15.3.2000 and Na.Ka.No.53630/99/A1 dated 12.7.2000 affixed at the residence of the petitioner on 22.7.2000 Saturday, respectively and quash the same and direct the respondents to reinstate the petitioner in service with all service and monetary benefits. 2.The petitioner joined in Government Service on 26.4.1984. At the time of filing of the writ petition, he was working as Village Administrative Officer in Kancheepuram District. The third respondent initiated action under Rule 17(b) of the Tamil Nadu Civil Services (D & A) Rules on the petitioner. This resulted in passing of the order dated 15.3.2000 by the third respondent imposing the punishment of stoppage of increment with cumulative effect for a period of three years. 3.According to the petitioner, while imposing the said punishment, he was not furnished with the report of the Enquiry Officer. He preferred an appeal dated 19.4.2000 to the second respondent. The petitioner requested the District Collector, Kancheepuram to permit him to file an appeal before some other Revenue Officer other than the second respondent. But the District Collector rejected his request by the order dated 10.7.2000. The first appeal dated 19.4.2000 was filed against the order of the third respondent imposing the punishment of stoppage of increment with cumulative effect for a period of three years which was enhanced by the second respondent by imposing the punishment of dismissal of the petitioner by the impugned order dated 12.7.2010 without notice. 4.The grievance of the petitioner is that the impugned order dated 12.7.2010 enhancing the punishment of dismissal was passed without notice. While so, the petitioner has filed O.A.No.5594 of 2000 (W.P.No.40881 of 2006) to quash the order dated 12.7.2000 of the second respondent and the order dated 15.3.2000 of the third respondent. The Tribunal has granted interim stay of the dismissal order. In view of the interim order, the petitioner is continued in service. 5.When the matter was posted on 28.10.2010 for final hearing before this Court, the following order has been passed:- "The petitioner seeks to challenge the enhancement of punishment without notice. Though vacate stay petition is filed, it is not stated whether notice was issued prior to enhancement. Post for orders on 01.11.2010". 6.The respondent has not filed counter affidavit refuting the allegations made in the writ petition. 7.Today, when the matter was taken up for final disposal, the learned counsel for the petitioner has submitted that the https://hcservices.ecourts.gov.in/hcservices/ petitioner will be satisfied, if the order dated 12.7.2010 of the second respondent is quashed, as it was passed without notice. 8.The impugned order dated 12.7.2010 was passed by the second respondent without notice. From the above, it is clear that it is a categorical case of the petitioner that the impugned order dated 12.7.2010 was passed without hearing the petitioner on enhancement. 9.It is very relevant to extract the paragraph 26 of this petition filed by the petitioner, which is as follows: "Finally with a malafide motive personal bias grudge oblique and improper motive for an ulterior purpose of dismissing the applicant from service, the second respondent has passed the impugned order No.(ii) dated 12.7.20000 enhancing the punishment of stoppage of increment dated 15.3.2000 passed by the third respondent as DISMISSAL FROM SERVICE WITHOUT ISSUING ANY NOTICE TO THE APPLICANT." 10.The respondents have not chosen to file counter affidavit disputing the same. Though the petition to vacate stay was filed before the Tamil Nadu Administrative Tribunal, there is no pleading that before passing the impugned order dated 12.7.2000 the petitioner was heard. The second respondent cannot impose punishment of dismissal by way of enhancement without hearing the petitioner, since it is violative of the principle of natural justice and also it is against the Rule 36 of Tamil Nadu State and Subordinate Service Rules. 11.Furthermore, as stated by the learned counsel for the petitioner, the petitioner is continuing in service pursuant to the interim order. Taking into account the above said fact, I quash the impugned order dated 12.7.2000 passed by the second respondent. 12.The writ petition is partly allowed to the extent as indicated above. No costs. Sd/- Asst. Registrar //true copy// Sub Asst.Registrar cla To 1.The Special Commissioner and Commissioner for Revenue Administration, Ezhilagam Annexe, Chepauk, Chennai 600 005 https://hcservices.ecourts.gov.in/hcservices/ 2.The District Revenue Officer, Kancheepuram District. 3.The Revenue Divisional Officer, Chengalpet Division, Chengalpet. 4.The Tahsildar, Distress Relief Fund, Chengalpet Taluk, Chengalpet. 1 cc to Mr.S.Selvathirumurugan, Advocate, Sr.No.79154 1 cc to Government Pleader, Sr.No.78896 W.P.No.40881 of 2006 TRM {CO} TP/23.11.2010. https://hcservices.ecourts.gov.in/hcservices/