The Commissioner Of Commercial ... vs N.Vadivel
2022 Latest Caselaw 15687 Mad

                                                                                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


https://www.mhc.tn.gov.in/judis
                                                                             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

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

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

https://www.mhc.tn.gov.in/judis