High Court of Judicature at Madras
V. DHANAPALAN, J.
P. Chinnadurai
Versus
The Inspector General of Registration, Chennai
Writ Petition No.30503 of 2008 & M.P.Nos.2 of 2008 & 1 of 2010
Decided On : 27-01-2012
The petitioner, a Sub-Registrar, challenged the revised charge memo issued by the respondent for alleged misconduct. The petitioner was acquitted in a criminal case related to the same set of allegations. The court examined the principles governing departmental disciplinary proceedings and their relationship with criminal cases. MAIN LEGAL POINT : If a criminal case and departmental proceedings are based on identical facts and the delinquent is acquitted in the criminal case, it would be unjust to allow the departmental findings to stand.
Fact of the Case:
The petitioner, a Sub-Registrar, was issued a revised charge memo for alleged misconduct. The charges included causing delay in processing a partition deed, possessing unaccounted money, employing an unauthorized person, and failing to maintain integrity and devotion to duty. The petitioner had been acquitted in a criminal case related to the same set of allegations.
Finding of the Court:
The court held that the revised charge memo was invalid and quashed it in respect of charges 1 and 4, which were the subject matter of the criminal case. The court found that the departmental proceedings and the criminal case were based on identical facts and that the petitioner had been acquitted in the criminal case. The court also found that there was an inordinate delay in the initiation and conclusion of the departmental proceedings. The court held that it would be unjust and unfair to allow the departmental findings to stand in these circumstances.
Issues: 1. Whether the revised charge memo was valid in light of the petitioner's acquittal in the criminal case? 2. Whether there was an inordinate delay in the initiation and conclusion of the departmental proceedings?
Ratio Decidendi: 1. The court held that the revised charge memo was invalid in respect of charges 1 and 4 because they were the subject matter of the criminal case in which the petitioner had been acquitted. The court found that the departmental proceedings and the criminal case were based on identical facts and that the petitioner had been acquitted in the criminal case. The court also found that there was an inordinate delay in the initiation and conclusion of the departmental proceedings. The court held that it would be unjust and unfair to allow the departmental findings to stand in these circumstances. 2. The court held that there was an inordinate delay in the initiation and conclusion of the departmental proceedings. The court found that the first charge memo was issued more than three years after the alleged misconduct occurred and that the revised charge memo was issued more than four years after the first charge memo. The court also found that the departmental proceedings had not been concluded even though the petitioner had been acquitted in the criminal case. The court held that this delay was unreasonable and prejudicial to the petitioner.
Final Decision: The court quashed the revised charge memo in respect of charges 1 and 4 and left it open for the appropriate authority to pass orders in respect of charges 2 and 3, which had not been proven in the departmental proceedings.
1. The petitioner has filed this Writ Petition seeking for issuance of a Writ of Certiorari, to call for the records of the respondent-Inspector General of Registration, in connection with the impugned charge memo issued by the respondent in Memo No.49429/B1/2001, dated 17.11.2008 and quash the same.
2. The case of the petitioner as culled out from the affidavit filed in support of the Writ Petition, is as follows:
(a) The petitioner entered into service as Sub-Registrar, Grade-II in the Registration Department in 1986. He was promoted as Sub-Registrar, Grade-I in 1997. He rendered meritorious service throughout.
(b) While the petitioner was serving as Sub-Registrar, Grade-I, Guidelines, at Erode District Registrar Office during 1998, one Muthukumar, a native of Kodumudy executed a partition deed of the family property at Kodumudy Sub-Registrar Office on 20.3.2001. The said document was referred to the petitioner for inspection to fix the value of the land only. The petitioner, after receiving the documents, inspected the land on 26.3.2001 and submitted his valuation report to the Sub-Registrar Office at Kodumudy. The Sub-Registrar at Kodumudy has to follow the guidelines given by the petitioner and also the guidelines for the building and thereafter only, he has to fix the value of the property for the purpose of registration. But in the Sub-Registrar's Office, there was a delay in making appropriate entries in the partition deed and handing over to Muthukumar.
(c) Aggrieved by the same, the said Muthukumar preferred a complaint to the Vigilance and Anti-Corruption Department, stating that the petitioner demanded a sum of Rs.1,000/- for the guideline value to be fixed for the partition deed. But the fact remains that the petitioner already fixed the value and sent the papers to the Sub-Registrar Office on 28.3.2001. But in respect of the building, the guideline value has to be fixed by the Sub-Registrar at Kodumudy by another inspection and submit the documents. The complainant, without ascertaining on whose fault the document is yet to be registered, has submitted a false complaint, followed by which, a criminal case was registered against the petitioner in Crime No.2/AC/01 on the file of V & AC, Erode for an offence under Section 7(1)(a) of the Prevention of Corruption Act.
(d) After registering the criminal case, a trap was laid and when the amount was paid to the petitioner, the petitioner refused to receive the amount, but the amount was paid to one Sureshbabu, who was trapped. Following the trap organised by Vigilance and Anti-Corruption Department, the petitioner was arrested and remanded to judicial custody on 19.10.2001 and he was ordered to be released on bail by the learned Chief Metropolitan Magistrate, Erode on 30.10.2011. The petitioner submits that at no point of time, he has demanded illegal gratification and accepted the same. It is further submitted that PW2, with whom the petitioner had heated exchanges when he came to the District Registrar Office and directed the petitioner to cause local inspection and fix the value of the property, got enraged and preferred a false complaint.
(e) After investigation in the criminal case, a charge sheet was filed before the learned Chief Judicial Magistrate, Erode on 1.8.2003, which was taken on file in Spl.C.C.No.16 of 2003. In the meanwhile, the petitioner was served with a charge memo dated 28.4.2004 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
(f) The important witnesses cited in the charge memo are Thiru.Kotteeswaran, Thiru.Muthukumar, Thiru.Suresh Babu and Thiru.Mohan and they are also cited as witnesses in the criminal case. Hence, for the same set of allegations, a criminal case has been registered and departmental enquiry has also been initiated. Therefore, the petitioner approached this Court by filing a Writ Petition in W.P.No.31344 of 2004 challenging the charge memo issued to him. This Court, at the time of a
2008 (4) SCC 1 (Union of India Vs. Naman Singh Shekhawat)
M. V. Bijlani V Union of India (2006 (5) SCC 88 = 2006 SCC (L&S) 919))
P.Kapur v Union of India AIR 1964 SC 787
Union of India & anr. V Kunisetty Satyanarayanan 2006 (12) SCC 28 = AIR 2007 SC 906
State of U.P. V Brahm Datt Sharma (1987 (2) SCC 179 = AIR 1987 SC 943)
P.D.Agrawal V State Bank of India (2006 AIR SCW 2504 = 2006 (5) SCALE 54)
1999 (3) SCC 679 = 1999 SCC (L & S) 810 (Cap. M.Paul Anthony Vs. Bharat Gold Mines Ltd.)
Union of India v Narender Singh (2004) 1 SCC 121
G.M.Tank v State of Gujarat & ors. (2006) 5 SCC 446
2007 AIR SCW 1639 = 2007 (14) SCC 49 Government of A.P. V Appala Swamy
State of U.P. V Harihar Bhole Nath (2006 (11) Scale 322 = 2006 AIR SCW 5976)
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