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2011 Supreme(Mad) 1656
High Court of Judicature at Madras
D. MURUGESAN & K.K. SASIDHARAN
The Director of Town Panchayats, Kuralagam & Another
Versus
R. Ravi
Writ Appeal No.1242 of 2010
Decided on : 23-03-2011
For the Appellants:G. Desingu, Spl. Govt. Pleader. For the Respondent:V. Vijayshankar, Advocate.
Adherence to natural justice principles in disciplinary proceedings is crucial, and failure to provide an opportunity for the respondent to present his version and cross-examine witnesses can vitiate the entire proceedings.
Headnote:
Natural Justice - Disciplinary Proceedings - G.O. No.59 M.A. & W.S. Department - Charges 1 to 6 - Summary of Acts and Sections: G.O. 59, M.A. & W.S. dated 25.7.2006 - Tamil Nadu Civil Service (Discipline & Appeal) Rules - Roop Singh Negi vs. Punjab National Bank & Others - State of Uttaranchal vs. V. Kharak Singh
Fact of the Case:
The respondent, an Executive Officer, was issued a charge memo for various irregularities. The Enquiry Officer submitted reports without examining witnesses, and the disciplinary authority imposed punishment without adhering to natural justice principles. The respondent challenged the order in a writ petition.
Finding of the Court:
The court found that the disciplinary proceedings were vitiated as they were conducted without adhering to the principles of natural justice. The charges were serious, and the respondent should have been given an opportunity to present his version. The court referred to relevant legal precedents to support its findings.
Issues: Non-examination of witnesses, lack of opportunity for cross-examination, and submission of fresh report without notice to the respondent.
Ratio Decidendi: The court emphasized the importance of adhering to natural justice principles in disciplinary proceedings and cited legal precedents to support its decision.
Final Decision: The writ appeal was dismissed, upholding the decision of the learned single Judge. The court found no reason to take a different view in the matter.
(K.K. Sasidharan, J. )
1. This writ appeal at the instance of the Government challenges the order dated 26.11.2009 passed by the learned single Judge in Writ Petition No.16210 of 2008, whereby and whereunder the order passed by the disciplinary authority as confirmed by the appellate authority was quashed.
2. While the respondent was functioning as Executive Officer Grade-I at Veerakeralam Town Panchayat in the District of Coimbatore, he was issued with a charge memo on 10.4.2007 framing six charges which read as under :-
"Charge No.1: Thiru. R. Ravi, formerly Executive Officer (U/S) Veerakeralam Town Panchayat during the period of his service has regularized the house sites by collecting Rs.1/- per sq.ft., located in S.F. No.78/2 belonging to one family Thiru. C. Marimuthu and his two daughters Jayanthi, Suganthi. It reveals from the records that he has violated the Instructions in G.O. 59, M.A. & W.S. dated 25.7.2006. In this instance, 38 House sites in part of 3 layouts have been regularized and thereby, financial loss of Rs.10,83.433/- to the Panchayat as per Annexure-II of Charge Memo.
Charge No.2 : Thiru. R. Ravi, formerly Executive Officer (U/S) Veerakeralam Town Panchayat during the period of his service has misapplied the G.O. No.59 M.A. & W.S. Department, Dated 25.7.2006 and regularized the house sites by collecting Rs.1/- per sq.ft., located in S.F. No.261/2 of Veerakeralam Town Panchayat belonging to Thiru. M. Shanmugasundaram for an extent of area of 1.10 acres. In this regard, no records were produced. In this instance, the layout consist of 25 house sites formed in the agriculture land have been regularized. It reveals from the records that he has violated the G.O. In this instance, 25 House sites in this layouts have been regularized and thereby, financial loss of Rs.5,90,202/- to the Panchayat as per Annexure-II of Charge Memo.
Charge No.3 : Thiru. R. Ravi, formerly Executive Officer (U/S) Veerakeralam Town Panchayat during the period of his service has misapplied the G.O. No.59 M.A. & W.S. Department, Dated 25.7.2006 and regularized 53 house sites in parts of layouts by collecting Rs.1/- per sq.ft., located in S.F. No.278 belonging to Thiru. Sundragantha Kareer and Leena Kareer for an extent of area of 2.62 acres. In this instance, the 53 house sites formed in the part of layouts have been regularized. It reveals from the records that he has violated the Instructions issued in the G.O. In this instance, 53 house sites in part of layouts have been regularized and thereby financial loss of Rs.11,13,979/- to the Panchayat as per Annexure-II of Charge Memo.
Charge No.4 : Thiru. R. Ravi, formerly Executive Officer (U/S) Veerakeralam Town Panchayat during the period of his service has misapplied the G.O. No.59 M.A. & W.S. Department, Dated 25.7.2006 and regularized 64 house sites in one layout by collecting Rs.1/- per sq.ft., located in S.F. No.359/1 belonging to Thiru. Velusamy for an extent of area of 2.20 acres. In this instance, the 64 house sites formed in the layouts have been regularized. It reveals from the records that he has violated the G.O. In this instance, 64 house sites in this layout have been regularized and thereby financial loss of Rs.10,73,967/- to the Panchayat as per Annexure-II of Charge Memo.
Charge No.5 : Thiru. R. Ravi, formerly Executive Officer (U/S) Veerakeralam Town Panchayat during the period of his service has not maintained any register for the regularization of house sites. It was found that 286 applications have been received and regularized as per record signed by the E.O. on 31.12.2006. There is no E.O. remarks on 169 applications regarding the action taken and there is no office copies of the proceedings issued in respect of regularization of house sites. It reveals that Office procedure have not been followed.
Charge No.6 : He has violated the code of conduct Rule20(I) of 1973."
3. The respondent was called upon to submit his explanation and accordingly, he submitted his e
