The learned Single Judge interfered with the punishment on the ground that other employees against whom disciplinary proceedings had been initiated on similar charges had been subjected to a companyparatively a lenient punishment of stoppage of increments.
The charges against them were of having admitted and sanctioned bills of the office of the Assistant Commissioner of Commercial Taxes without proper verification, in accordance with the departmental procedures.
Signature Not Verified Digitally signed by SUSHIL KUMAR RAKHEJA Date 2018.12.01 140735 IST Reason The two employees, M. Mangayarkarasi and M. Jayalakshmi, were working as Superintendent and Accountant respectively in the District Treasury at Salem.
The Division Bench affirmed the judgment of the learned Single Judge, while dismissing the writ appeals filed by the State of Tamil Nadu.
1.22 crores by the staff in the District Treasury Office, Salem came to light involving the presentation of 257 bogus bills in the Treasury.
The case of the State is that during the period 1997 2000, a fraud involving misappropriation of a sum of Rs.
On the charges having been found to be established, the State Government issued an order of removal from service.
The State Government, however, sought to justify the punishment on the ground that the quantum of loss caused due to the production of bogus bills in the case of the two employees was substantially higher.
45.28 lakhs and 51.98 lakhs respectively.
Charges were framed in the companyrse of the disciplinary proceedings.
The orders of removal were challenged before the learned Single Judge.
Dr. Dhananjaya Y. Chandrachud, J. Leave granted.
The learned Single Judge rejected this submission on the ground that the companyrt would have to companysider only the nature of the charge and number the quantum involved.
These appeals arise from a judgment of the Division Bench of the High Court of Judicature at Madras dated 6.2.2015 by which writ appeals filed by the State of Tamil Nadu against the judgment of a learned Single Judge were dismissed.
The learned Single Judge, while disposing of the writ petitions filed by two employees of the State, interfered with the punishment of removal from service on the ground that it was shockingly disproportionate.
The Single Judge substituted it by directing the stoppage of increments for a period of two years without cumulative effect.
Following the submission of a Special Audit Report, a charge memo was issued against eleven members of the Treasury staff.
