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2008 Supreme(Mad) 3116
High Court of Judicature at Madras
THE HONOURABLE MR. JUSTICE P.K. MISRA & THE HONOURABLE MR. JUSTICE K. KANNAN
M.S. Narayanan
Versus
The Central Administrative Tribunal (Madras Bench) rep. by its Registrar High Court Buildings & Others
W.P.NO. 34184 of 2003
Decided on : 28-08-2008
For the Petitioner:S. Sadasharam, Advocate.
For the Respondent: R2 & R3, T. Ravikumar, ACGSC.
The court emphasized the principle of proportionality in imposing disciplinary penalties and the importance of considering the nature of charges and the discretion of the disciplinary authority.
Headnote:
Union Activities - Disciplinary Action - CCS (Conduct) Rules - Rule 3(1)(iii), Rule 7(i), Rule 7(ii) - Rule 11(5) of CCS (CCA) Rules
Fact of the Case:
The petitioner, a government servant, challenged the order of reduction of pay and other penalties imposed on him for alleged misconduct related to his union activities.
Finding of the Court:
The court found that the charges against the petitioner were trivial and not serious enough to warrant the major penalty imposed. The court modified the penalty to a minor penalty, considering the nature of the charges and the fact that the employee had already superannuated.
Issues: Validity of charges, proportionality of penalty, interpretation of disciplinary rules
Ratio Decidendi: The court emphasized that the punishment should be proportionate to the gravity of the offense and should not be shockingly disproportionate. It also highlighted the importance of considering the nature of the charges and the discretion of the disciplinary authority in imposing penalties.
Final Decision: The writ petition was partly allowed, and the penalty was modified to a minor penalty, reducing the pay by one stage for a period of three years without cumulative effect, and not adversely affecting the petitioner's pension.
K. Kannan, J
Heard Mr. S. Sadasharam, learned counsel for the petitioner and Mr. T. Ravikumar, learned Additional Central Government Standing Counsel for respondents 2 and 3.
Summary of facts:
2. The writ petitioner was the applicant before the Central Administrative Tribunal in O.A.No.59 of 1996 challenging the order passed by the second respondent viz. the Deputy Comptroller and Auditor General of India dated 23. 1995.
By the impugned order, the order of the disciplinary authority had been confirmed. The punishment meted out to the petitioner was reduction of pay by three stages with effect from the date of passing of the order. It was further ordered that increments of pay would not be earned during the period of reduction and that on the expiry of the said period, the reduction would have the effect of postponing his future increments of pay. Since the enquiry yielded to a finding of misconduct, the period of suspension from 16. 1991 to 5. 1994 was not to be treated as duty for any purpose. The past services, before suspension would not further be forfeited.
Enumeration of alleged misconduct by charges:
3. The order was pursuant to the charge memo issued on 20.8.1991. During the time when the petitioner was working as Assistant Accounts Officer, the charge memo listed out 11 charges which reads as follows:
Charge (1):
That the said Shri M.S.Narayaan while functioning as Assistant Accounts officer held meetings within the office premises without securing specific,prior written permission of the Principa Accountant General on 12. 91, 05.03.91, 4. 91, 02.05.91, 14.05.91, 15.05.91, 16.05.91 and 17.05.91 in violation of Rule 3(1)(iii) and Rule 7(i) of CCS (Conduct) Rules.
Charge (2):
That the aid Shri M.S.Narayanan in the meeting held by his unauthorisedly within the office premises on 13.02.91 between 1.45 p.m. and 2.20 p.m. instigated the staff t go on "Work to Rule" thereby infriging Rule 7(ii) of CCS (Conduct) Rule.
Charge (3):
That the said Shri M.S.Narayanan in a meeting held by him unauthorisedly within the office premises on 15. 91 between1.50 p.m. and 2.30 p.m. issued a call to the Sections in the Accounts Group not to do the pasting of index slips on the records to be sent to Current Record Section. He has tried to prevent the staff from doing their duties, thereby infringing Rule 3(1)(ii),Rule 3(1)(iii) and Rule 7(ii) of CCS(Conduct) Rules.
Charge (4):
That the said Shri M.S.Narayanan held a metting withint he office building during office hours on 13.06.91 between 12 noon and 12.40 p.m. without securing specific prior, written permission of the principal Accountant general, thereby vilating Rule 3(1)(ii), Rue 3(1)(iii) and Rule 7(i) of CCS (Conduct) Rules.
Charge (5):
That the said shri M.S.Narayanan, has through a letter addressed to the Accounts Officer under his signature on 1306.92 incited the Accounts Officers to protest against Administration. In the same letter he has also urged them not to discharge duties of reporting attendance assigned to them by Administration. Shri M.S.Narayanan, by the aforesaid acts has thereby infringed Rule 3(1)(iii) and Rule 7(ii) of CCS Conduct Rules.
Charge (6):
That the said Shri M.S.narayanan has through a letter NO.AEA/25 dated10.06.91, under his signature to Shri C.V.Raman, President of the Unrecognisd Accounts Officers Association enclosing therewith a letter dated 13.06.91 addressed by him to all Accounts Officers and a copy of a pamphlet entitled "Thucklal Dharbar" issued by the Executive Committee of the so call Accounts Employees Association instigated the Accounts Officers to join names in fightingthe Administration thereby infringing Ruel 3(1)
(iii) and Rule 7(ii) of CCS Conduct Rules.
Charge (7):
That the said Shri M.S.Narayanan had not obeyed the written order of the Deputy Accountant General (Administration) to hand over the keys of Almiraha kept in D.C.XI Section of which he was incharge thereby infringing Rule 3(1)(iii) of CCS Conduct Rules.
Charge (8):
