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2009 Supreme(Mad) 5579

High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE V. DHANAPALAN
K. Vijhay Saai
Versus
State of Tamil Nadu, Rep. by its Secretary to Government, Revenue Department, Chennai & Others
W.P.No.22369 of 2009
Decided on : 16-12-2009

Advocates appeared:
For the Petitioner:S. Vijayakumar, Advocate.
For the Respondents:S. Sivashanmugam, Government Advocate.

Headnote:

Delay in Initiating Disciplinary Proceedings - Tamil Nadu Civil Services (Discipline and Appeal) Rules - [MAIN LEGAL POINT]

Fact of the Case:

The petitioner, a government employee, was deputed for training and was alleged to have accepted a bribe in 2003. The charge memo was issued in 2008, after a delay of five years. The delay caused prejudice to the petitioner's promotion prospects.

Finding of the Court:

The court found that the delay in initiating disciplinary proceedings was inordinate and unexplained, causing prejudice to the petitioner. The charge memo was quashed to meet the ends of justice.

Issues: The main issue was the inordinate delay in initiating disciplinary proceedings, leading to prejudice against the petitioner's promotion prospects.

Ratio Decidendi: The court held that inordinate delay in initiating disciplinary proceedings is a ground for quashing the enquiry unless satisfactorily explained by the employer, as established in various legal precedents.

Final Decision: The charge memo issued against the petitioner was quashed, and the writ petition was allowed.

Judgment

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 proceedings of the 4th respondent in N.K.No.A2/52229/07 dated 06.06.2008.

3. Brief facts leading to the filing of the writ petition are stated hereunder:

(i) The petitioner was appointed as a Junior Assistant on 10.04.1985 through Tamil Nadu Public Service Commission and allotted to South Arcot Revenue District, as it was then. In the year 1989, he was transferred to Civil Supplies Department and on 30.09.1991, he was promoted to the post of Assistant. Later, he was promoted to the post of Selection Grade Assistant, Office of the Assistant Commissioner, Civil Supplies and Consumer Protection Department, Thousand lights, Chennai-10.

.(ii) Later, the petitioner became due for promotion as Superintendent by inclusion of his name in the panel for the year 2008-2009. The first respondent published a list of Superintendents from eligible assistants for promotion for the year 2008-2009 in Roc.A1/14141/08 dated 15.07.2008. But, his name was overlooked and 9 persons, juniors to the petitioner were promoted to the post of Superintendent. The petitioner has been communicated with the letter of the third respondent dated 15.07.2008 stating that specific charges are pending against him under Rule 17[b] of the Tamil Nadu Civil Services (Discipline and Appeal) Rules (hereinafter called the Rules) referring VPM District Revenue Officer N.K.No.A2/52229/07 dated 06.06.2008 and hence his promotion is deferred till the disciplinary proceedings are concluded. Even for the year 2009-2010, the petitioner was again overlooked in the panel of Assistants to be promoted as Superintendents in Proceedings Roc.No.A1/6666/09 dated 20.05.2009.

(iii) Thereafter, the petitioner was deputed to Villupuram District to undergo Revenue Inspector Training for two years. He held the post of Revenue Inspector, Kallakurichi Division, Kallakurichi Taluk, Kallakurichi Town Firka, from 012. 2002 to 30.09.2003 and Kallakurichi Division, Vadaponparappi Firka, Sankarapuram Taluk, Villupuram District, during the period from 010. 2003 to 16.05.2005. One Tmt.P.Ponnammal, widow of Thiru.Pichaikaran applied for legal heirship certificate along with a copy of death certificate of her husband on 012. 2003. The petition was referred to the petitioner for enquiry and report on the same day. Pursuant to the same, the petitioner published a notice on 012. 2003, through the Village Administrative Officer, Thozhuvanthangal, calling for objections, if any from the public of Thozhuvanthangal Village for the issuance of legal heirship certificate to the petitioner. After the expiry of the mandatory period allowed for filing objections, the Village Administrative Officer published in the Village and took signatures from the village people and handed over to the petitioner on 012. 2003. Following the same, the records containing the statements of Tmt.P.Ponnammal and other legal heirs were handed over to the petitioner by the Village Assistant on 112. 2003.

.(iv) Accordingly, the petitioner enquired the Village Administrative Officer and the local Village Assistant on 112. 2003 on the issue and recorded their statements. The details of legal heirs mentioned in the statements recorded by the Village Administrative Officer were found to be in order as revealed from the said enquiry made by him on the field officials on 112. 2003. Thereafter, the petitioner prepared his report of enquiry on this issue and sent it to the Tahsildar, Sankarapuram, in N.Dis.No.399/2003 dated 112. 2003.

.(v) According to the petitioner, from the dates and events narrated above, he processed the request of Tmt. P.Ponnammal without delay at every stage and he sent his report to the Tahsildar, Sankarapuram, in conformity with the time schedule prescribed under citizen charter. Tmt.P.Ponnammal and Thiru.P.Venkatesan, who are mother and son, and the


























































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