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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
S. Sekhar
Versus
The Commissioner of Social Welfare, Ezhilagam, Chennai
W.P.No.21569 of 2008
Decided on: 23-10-2009
Delay in Disciplinary Proceedings - Service Matter - Tamil Nadu Subordinate Service (Discipline & Appeal) Rules - Delay in concluding the disciplinary proceedings initiated by the respondent - The proceedings dated 19.03.1997 initiated by the respondent are vitiated by law and they are liable to be set aside and they are accordingly set aside.
Fact of the Case:
The petitioner, a Junior Assistant, was issued a Charge Memo alleging the loss of a Demand Draft in 1996. The enquiry was conducted in 2004, but no final order was passed after a lapse of 12 years. The petitioner claimed deprivation of rights and questioned the respondent's action.
Finding of the Court:
The court found that there was an inordinate delay in concluding the disciplinary proceedings initiated by the respondent, which vitiated the proceedings and led to setting them aside. The court directed the respondent to consider the petitioner's claim in accordance with the law and on merits and pass appropriate orders within eight weeks.
Issues: The main issue was the inordinate delay in concluding the disciplinary proceedings initiated by the respondent, leading to the deprivation of the petitioner's rights.
Ratio Decidendi: The court balanced the factors of delay, the nature of the charge, and the disciplinary authority's seriousness in pursuing the charges against the employee. It concluded that the delay was not on the part of the petitioner and set aside the proceedings initiated by the respondent.
Final Decision: The writ petition was allowed, and the respondent was directed to consider the petitioner's claim and pass appropriate orders within eight weeks, if otherwise eligible. No costs were awarded, and connected M.P.Nos.1 and 2 of 2008 were closed.
By consent of the learned counsel on either side, the writ petition is taken up for final disposal.
2. The petitioner has filed this writ petition challenging the order dated 19.03.1997 passed by the respondent and for a consequential direction to the respondent to reinstate him in service.
3. Facts leading to the filing of this case are set out hereunder :
(i) The petitioner was originally appointed as Junior Assistant on 04.04.1983 in the Department of Revenue. Thereafter, for want of vacancy, he was re-deployed to the Social Welfare Department in the year 1986. By dint of merit and and hard work, he was promoted to the post of Assistant in the year 1991. He claims that he has put in blemishless record of service and he has passed all departmental tests and he is fully eligible to be promoted to the post of Superintendent.
(ii) During the year 1996, while the petitioner was working as Assistant in Government Orphanage, K.K. Nagar, Trichy, a scheme called Moovaloor Ramamirtham Memorial Marriage Assistance Scheme was implemented by the Government to financially assist the poor unmarried women. The money should be disbursed through the District Social Welfare Officer of the respective Districts; the office of the petitioner and the District Social Welfare office are at two different places. In March 1996, a Demand Draft dated 16.02.1996 for a sum of Rs.5000/-drawn in favour of one Ramayee was found missing in the District Welfare Office. The Demand Drafts drawn in favour of the beneficiaries are kept under safe custody of the District Social Welfare Officer, Superintendent and the Accountant and they hold the key to the safety locker, in which the Demand Drafts are kept. The Accounts Officer, one Mr.Arulanand had given a letter of undertaking to the District Social Welfare Officer that he has omitted to get the signature of the beneficiary and that he will obtain the signature of the beneficiary within 7 days and submit it. Thereafter, the said Arulanand remitted the money on 13.05.1996.
(iii) A criminal complaint was filed against the petitioner before the Crime Branch Police, Trichy. The District Social Welfare Officer, Mrs.Rama Jothi had herself investigated the matter and made the petitioner a scapegoat to cover up the lapses in her administration. According to the petitioner, his duties are in no way connected with the office of the District Social Welfare Officer and his office is situated in a far away place from the District Social Welfare Office. Mrs.Rama Jothi, Accountant, Mr.Arulanand and Mr.Sudhandiramani, Superintendent, in order to cover up their lapses have foisted a false case that the petitioner would have stolen the Demand Draft. The petitioner would submit that no disciplinary action was taken against the District Social Welfare Officer and the Accountant, who are responsible for the loss of the Demand Draft.
(iv) On the basis of the allegations, a charge memo was given to the petitioner on 19.03.1997, to which, the petitioner submitted his explanation on 11.04.1997 and an Enquiry Officer was appointed to enquire the charges; but, no enquiry was conducted. Thereafter, one Mrs.V.R.Jayalakshmi, Assistant District Social Welfare Officer was appointed as Enquiry Officer, but again, there was no enquiry. Thereafter, one R.P.Senthamarai, Assistant District Social Welfare Officer was appointed as Enquiry Officer; finally, one Mr.Venkatramani was appointed as an Enquiry Officer and the petitioner appeared before him, but the departmental witnesses did not turn up for the enquiry. Therefore, the statements given by the departmental witnesses was taken as evidence without cross-examination. The petitioners evidence was also recorded on 27.05.2004. But, even after that no enquiry report was submitted. As such, from the year 1996 till 2008, for the past 12 years, the enquiry is not completed due to administrative lapses and the petitioner has been languishing in the post of Assistant due to the pendency of the
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