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High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE ELIPE DHARMA RAO & THE HONOURABLE MR. JUSTICE N. PAUL VASANTHAKUMAR
The State of Tamil Nadu, rep. by its Secretary to Government, Personnel and Administrative Reforms (Q) Dept, Secretariat, Chennai & Another
Versus
Ranganathan
W.A. No. 1478 of 2008 & 266 of 2009
Decided on: 05-03-2010
Disciplinary Proceedings - Jurisdiction - Tamil Nadu Civil Services (Discipline and Appeal) Rules - Rule 17(b) - Summary Dismissal of Charge Memo - [FACT OF THE CASE] The petitioner, a Section Officer, was charged with failing to discharge his duties properly in dealing with 27 cases of NMRs in 1995, leading to irregular appointments. The charge memo was issued in 2001, and despite the expiry of the time granted by the Tribunal, the proceedings were not finalized. [FINDING OF THE COURT] The Court found that the charge memo was not maintainable after the expiry of the time granted by the Tribunal and that the delay in issuing the charge memo and completing the enquiry had vitiated the proceedings. [ISSUES] Issue No. 1: Maintainability of the charge memo after the expiry of the time granted by the Tribunal. Issue No. 2: Justification for raising the point of delay in issuing the charge memo and completing the enquiry. Issue No. 3: Validity of the writ petition filed seeking promotion. [RATIO DECIDENDI] The Court held that once a competent Court fixes an outer time limit to complete the enquiry and pass final orders, the parties are bound to adhere to the time granted. The Court also cited precedents where proceedings were quashed due to non-compliance with time limits. [FINAL DECISION] The charge memo was quashed, and the writ petition seeking promotion was allowed. The Court awarded compensation to the petitioner and confirmed the promotion ordered by the single Judge. The Department's appeal was dismissed.
N. PAUL VASANTHAKUMAR, J.
1. W.A.No.1478 of 2008 is preferred by the State of Tamil Nadu against the order of the learned single Judge made in W.P.No.714 of 2005 and W.A.No.266 of 2009 is preferred by the respondent in W.A.No.1478 of 2008 against the order made in W.P.No.853 of 2005 wherein the prayer in the writ petition to quash the charge memo was rejected.
2. Both the writ petitions, filed by the appellant in W.A.No.266 of 2009, were heard together by the learned single Judge and common order was passed on 16. 2008. Hence these writ appeals are also disposed of by this common judgment.
3. For the purpose of convenience, the parties in this common judgment will be referred to as the petitioner and Department.
4. The case of the petitioner before the learned single Judge was that he was appointed on 29. 1974 as Junior Assistant (now re-designated as Assistant) in Municipal Administration and Water Supply Department through the Tamil Nadu Public Service Commission. He was promoted as Assistant Section Officer on 13. 1977 and as Section Officer on 23. 1993. As on date, the petitioner has put in 35 years of service. The petitioner is serving as Section Officer in Adi Dravidar and Tribal Welfare Department with effect from 7. 1996 and according to the petitioner, the said department is the Disciplinary Authority. However, the first respondent viz., the P&AR Department framed a charge against the petitioner by letter dated 26. 2001 alleging that the petitioner failed to discharge his legitimate duty as Section Officer, while dealing with 27 cases of NMRs, who were working in various municipal Offices and Corporations in the State of Tamil Nadu and caused issuance of orders of appointment for various posts by relaxing the rules, even without ascertaining the genuineness of the candidates and without following the procedures laid down in the Tamil Nadu Government Business Rules, the Secretariat instructions, and the Secretarial Office Manual.
5. Thepetitioner objected the said charge with regard to the jurisdiction aspect by stating that the P&AR Department has no jurisdiction to frame charge under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules, as it is neither the Appointing Authority nor the Disciplinary Authority, and even if the allegations are to be treated as true, no commission or omission is made out. The petitioner submitted his defence statement under protest on 20.8.2001 and contended that the incident took place in the year 1995 and thus there is inordinate delay in framing the charge. The petitioner also submitted further representations including the objection with regard to the jurisdiction on 312. 2001, 23. 2003, 29. 2003, 22. 2003, 24. 2003 and 3. 2003. The petitioner thereafter filed O.A.No.1535 of 2003 and prayed for a direction to the P&AR Department to finalise the disciplinary proceeding initiated and the Tribunal by order dated 20.4.2003 directed the P&AR Department to complete the proceedings initiated in letter dated 26. 2001, within a period of four months from the date of receipt of a copy of the order. The said order was communicated to the Secretary, P&AR Department on 5. 2003.
6. The P&AR Department, by letter dated 110. 2004, called for eligible and qualified Section Officers for promotion as Under Secretary to the Government. The Secretary, Adi Dravidar and Tribal Welfare Department, recommended the name of the petitioner also, as there was no charge pending as on 7. 1996 and as no charge was framed against the petitioner by the Department till that date. Since the petitioners due promotion was not considered in view of the pendency of the 17 (b) charge issued by the P&AR Department, he filed W.P.No.714 of 2005 and prayed for issuing a writ of mandamus directing the Secretary, P&AR Department, to include his name in the panel for promotion for the post of Under Secretary to Government, prepared on 110. 2004.
.7. Thewrit petitioner also filed W.P.No.853 of
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