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2009 Supreme(Mad) 3529

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
S. Kannan
Versus
The State of Tamil Nadu, rep.by its Secretary to the Government,
Home Transport -II Department, Chennai & Others
Writ Petition No.17652 of 2006
Decided On : 07-09-2009

Advocates Appeared:
For the Petitioner:G. Ethirajulu, Advocate.
For the Respondents: V. Viswanathan, Addl. Govt. Pleader.

The main legal point established is that charges framed against an employee must align with the criteria specified in the relevant disciplinary rules, and the guidelines for framing charges must be considered. The absence of a dishonest motive and the minor nature of the alleged delinquencies influenced the court's decision to quash the charges.

Headnote:

Certiorari - Employment Dispute - The Tamil Nadu Civil Services (Discipline & Appeal) Rules, Section 17(b)

Fact of the Case:

The petitioner, a Motor Vehicles Inspector, Grade-II, was charged with furnishing incorrect accident reports and lack of devotion to official duties. The petitioner filed a Writ Petition challenging the charges.

Finding of the Court:

The court found that the charges framed against the petitioner did not attract Rule 17(b) of The Tamil Nadu Civil Services (Discipline & Appeal) Rules, as there was no dishonest motive. The court also noted that the charges were framed without considering the guidelines for framing charges under Rule 17(a) or 17(b). The court quashed the charges and directed the respondents to include the petitioner's name in the promotion panel.

Issues: The main issue was whether the charges framed against the petitioner attracted Rule 17(b) of The Tamil Nadu Civil Services (Discipline & Appeal) Rules.

Ratio Decidendi: The court held that the charges did not meet the criteria for Rule 17(b) as there was no dishonest motive and the alleged delinquencies were minor in nature. The court also emphasized the importance of considering the guidelines for framing charges under Rule 17(a) or 17(b).

Final Decision: The Writ Petition was allowed, the charges were quashed, and the respondents were directed to include the petitioner's name in the promotion panel for the post of Motor Vehicles Inspector, Grade-I.

Judgment :-

Petitioner has filed this Writ Petition, praying for issuance of a writ of certiorari to call for the records relating to the proceedings made in Memo R.No.87355/V3/04, dated 22.09.2005, passed by the second respondent, quash the same and for a consequential direction to the respondents to include his name in the panel and promote him to the post of Motor Vehicles Inspector, Grade-I, with all attendant benefits.

2. Petitioner was appointed as Motor Vehicles Inspector, Grade-II, on 212. 2000, in the office of the Regional Transport Officer, Coimbatore (North). Thereafter, on 06.06.2005, he was transferred to the Enforcement Wing and posted in the office of the Joint Commissioner, Chennai, namely, third respondent. His next promotion is to the post of Motor Vehicles Inspector, Grade-I. While so, the second respondent, in his office proceedings, which are impugned herein, dated 22.09.2005, framed three charges against the petitioner under Section 17 (b) of The Tamil Nadu Civil Services (Discipline & Appeal) Rules (in short, "the Rules"). The said charges are as under :

“Charge-I : That on 14.06.03, Thiru S. Kannan while working as Motor Vehicle Inspector Grade-II at Regional Transport Office, Coimbatore (North) has personally inspected three vehicles involved in an accident near Karikadai bus stop in Pappanaickenpalayam on 13.06.03 and has submitted his inspection report in Form AIR stating that

(i)The front left body is pressed in Corporation Bus TN37/N-0675.

(ii)The front left bumper twisted and left grill pressed in Corporation bus TN38/N-0309.

(iii)There are damages in front head light assembly, front vision mirror, fork, Handle bar, speedometer and petrol tank in Motor Cycle TN 37/AA-2369.

But, the report of the MD, TNSTC, Coimbatore regarding the damages of the two Corporation buses in this case reveals that

i)the backside left body and bleeding is damaged in respect of TN 37/N-0675

ii)the front grill, bumper, right indicator, mirror and front left wind screen is damaged in respect of TN 38/N-0309.

Thus he has furnished incorrect accident report controversial to the factual occurrence of the accident in this case.

Charge-II : Thiru S. Kannan, Motor Vehicle Inspector, Grade-II, O/o the Regional Transport Officer, Coimbatore (North) has not properly inspected the two corporation buses involved in this accident without carefully analysing the nature of the accident and the possible damages depending upon the impact of this accident. This shows his negligence and lack of devotion to official duties.

Charge-III: Thiru S.Kannan, Motor Vehicle Inspector Grade-II, O/o the Regional Transport Office, Coimbatore (North) has furnished false and misleading report in this case without technical expertise. Thus he has failed to maintain absolute integrity in the discharge of his official duty."

Aggrieved over the said charges, the petitioner has filed this Writ Petition.

3. A counter has been filed by the respondents, stating as follows :

One K. Natarajan of Coimbatore had lodged a complaint against the petitioner, that his son met with an accident on 13.06.2003 between two State Transport Corporation buses near Kaarikadai Bus Stop in Pappanaickenpalayam and died on the way to hospital. The petitioner, who inspected the vehicles on 14.06.2003, wrongly reported with ulterior motive and for extraneous considerations in such a way that the two corporation buses dashed face-to-face and the position of the motor vehicle was unclear, by which the entire case turned turtle, in spite of clear evidences to prove the negligence of the accused in causing the accident and killing the victim. Therefore, he requested to take necessary action against the petitioner. The Deputy Transport Commissioner was asked to conduct a detailed enquiry in this regard to elicit the facts of the case and, on such enquiry, the petitioner reported that the motorcyclist had clashed against the bus bearing No.TN38/N0309, standing in front, on its left side, bein



















































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