Madras High Court
The Additional Chief Secretary vs T.Manickavel on 3 September, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.A(MD)No.1499 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 03.09.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.A(MD)No.1499 of 2024
and
C.M.P(MD)No.11662 of 2024
1.The Additional Chief Secretary,
Department of Finance(T & A-II),
Secretariat,
Chennai – 600 009.
2.The Director,
Treasuries and Accounts Department,
3rd Floor, Integrated Office Complex for
Finance Department,
Veterinary Hospital Campus,
Anna Salai, Nandanam,
Chennai – 600 035.
3.The District Treasury Officer,
Trichy District,
Trichy. ... Appellants/Respondents
-vs-
T.Manickavel ... Respondent/Writ Petitioner
PRAYER: Appeal filed under Clause 15 of Letters Patent, against the
order dated 13.03.2023 made in W.P(MD)No.10865 of 2019.
For Appellants : Mr.SRA.Ramachandran,
Additional Government Pleader
For Respondent : Mr.G.Karthick for
M/s.Lajapathi Roy and Associates
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Page 1 of 6
W.A(MD)No.1499 of 2024
JUDGMENT
[Judgment of the Court was made by R.SUBRAMANIAN, J.]
Aggrieved by the order of the Writ Court, dated 13.03.2023 made in
W.P(MD)No.10865 of 2019, the State is on appeal.
2. Challenge in the writ petition was to the punishment of stoppage
of increment for one year without cumulative effect imposed on the
respondent for certain charges framed under Rule 17(a) of the Tamil Nadu
Civil Services (Discipline and Appeal) Rules. The charges were that the
respondent delayed sending the list of old age pensioners, forwarding the
list to the bank and not accepting the list immediately. There was no
other charge of dereliction of duty or corruption. The Disciplinary
Authority imposed a punishment of stoppage of increment for one year
without cumulative effect.
3. The writ Court found that the petitioner has been complaining of
non availability of proper internet connection which delayed the process. It
was also found that the respondent/writ petitioner had complained about
lack of staff and the consequential delay. Finding that there was no
monetary loss caused to the Government because of the delay, the writ
Court interfered with the punishment and set aside the punishment
imposed. Hence, this writ appeal.
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4. Mr.SRA.Ramachandran, learned Additional Government Pleader
would vehemently contend that the fact that there was a delay is admitted
and the respondent is responsible for the delay. Once it is found that the
respondent is responsible for the delay, the Disciplinary Authority was
justified in imposing a very minor punishment. According to him, the writ
Court ought not to have interfered with the said punishment.
5. Contending contra, Mr.G.Karthick, learned counsel appearing for
the respondent would submit that the fact that the respondent has been
complaining about the lack of facilities in the office was not taken into
account by the Disciplinary Authority and the Disciplinary Authority had
just gone by the fact there was a delay and the respondent was in-charge
of the office at the relevant point of time. He would also draw out attention
to various letters addressed by the respondent to his higher officials
seeking proper internet connectivity and seeking additional work force.
6. We have considered the rival submissions.
7. Admittedly, there was no revenue loss to the Government. It is
also not stated that the respondent had willingly or with an intention to
derive any economic benefit, had delayed the forwarding of the list to the
Treasury. These delays do occur many a times for reasons beyond the
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control of the Officers concerned. The lack of internet connectivity has
become a major problem and we have also become more dependent on
machines. Certain work has to be done with internet connectivity through
the computers, others though can be done manually is not done just
because the staff concerned do not know how to do manual work. In such
computer era, these kind of delays will have to be dealt with very soft
hands and we find that the writ Court has done just that.
8. We, therefore, do not propose to interfere with the order of the
writ Court. The writ appeal fails and it is accordingly dismissed. No Costs.
Consequently, connected Miscellaneous Petition is closed.
[R.S.M., J.] [L.V.G., J.]
03.09.2024
NCC :Yes/No
Index :Yes/No
Internet:Yes
PM
To:
1.The Additional Chief Secretary,
Department of Finance(T & A-II),
Secretariat, Chennai – 600 009.
2.The Director,
Treasuries and Accounts Department,
3rd Floor, Integrated Office Complex for
Finance Department, Veterinary Hospital Campus,
Anna Salai, Nandanam,
Chennai – 600 035.
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https://www.mhc.tn.gov.in/judis
3.The District Treasury Officer,
Trichy District,
Trichy.
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R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
pm
03.09.2024
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https://www.mhc.tn.gov.in/judis
