W.A.No.2169 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.09.2022
Coram
The Hon'ble Mr. Justice PARESH UPADHYAY
and
The Hon'ble Mr. Justice D.BHARATHA CHAKRAVARTHY
W.A.No.2169 of 2022
and
C.M.P. No.16151 of 2020
The Commissioner of Commercial Taxes,
O/o. The Commissioner of Commercial Taxes,
Ezhilagam,
Chennai – 600 005. .. Appellant
vs
N.Vadivel .. Respondent
Appeal preferred under Clause XV of Letters Patent against the
order dated 09.12.2019 made in W.P.No.34262 of 2019.
For Appellant : Mr.T.N.C.Kaushik,
Additional Government Pleader
For Respondent : Mr.K.Krishnamoorthy
Page No.1 Of 4
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W.A.No.2169 of 2022
JUDGMENT
(Delivered by PARESH UPADHYAY, J.)
1. Challenge in this appeal is made to the order dated 09.12.2019 recorded on W.P.No.34262 of 2019. This appeal is by the respondent in writ petition - State Authority.
2. Learned Additional Government Pleader for the appellant has submitted that, though the punishment order was withholding of increment without cumulative effect, learned Single Judge has, while allowing the writ petition referred the said punishment of withholding of increment with cumulative effect. This is an error, which needs to be corrected in this appeal.
3. Having heard learned Additional Government Pleader for the appellant and having considered the material on record, we find that learned Single Judge arrived at the satisfaction that the disciplinary authority had, except reproducing the articles of charge and reply, not recorded any reason about his satisfaction of treating the charges having been proved, and therefore the order was not sustainable. We find that, on the basis of this finding, when the Page No.2 Of 4 https://www.mhc.tn.gov.in/judis W.A.No.2169 of 2022 punishment order is set aside that too with liberty to pass fresh order, the discretion exercised by learned Single Judge, can not be said to be an error much less any error apparent on the face of record, which may call for any interference under Clause 15 of Letters Patent. This appeal therefore needs to be dismissed.
4. For the reasons recorded above, this appeal is dismissed.
No costs. Connected miscellaneous petition would not survive.
(P.U., J) (D.B.C., J) 22.09.2022 Index:No ssm/14 Page No.3 Of 4 https://www.mhc.tn.gov.in/judis W.A.No.2169 of 2022 PARESH UPADHYAY, J.
and D.BHARATHA CHAKRAVARTHY, J.
ssm W.A.No.2169 of 2022 22.09.2022 Page No.4 Of 4 https://www.mhc.tn.gov.in/judis