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High Court of Judicature at Madras
R. SUDHAKAR & R. KARUPPIAH, JJ.
A. Bragatheeswari
Versus
The Registrar General & Another
Writ Petition No. 7247 of 2014 & M.P.No. 2 of 2014
Decided On : 21-11-2014
Tamil Nadu Government Servants Conduct Rules, 1973 - Rule 20 – Misconduct - Extension of time for giving explanation - Dismissed from service - Brief facts in a nutshell are that petitioner was selected as Steno-Typist by Tamil Nadu Public Service Commission - While she was working as a Steno-Typist in office of Additional a memo was served to petitioner based on complaint sent by Additional which explanation was called for from petitioner - Petitioner has not submitted her explanation within time and sought for extension of time for giving explanation - In meantime petitioner was suspended from service – There after a memo has been served to petitioner calling upon her explanation regarding her misconduct - Petitioner sent her explanation second respondent Disciplinary Authority - Being not satisfied with explanation given by petitioner Disciplinary Authority second respondent had framed following charges against petitioner in proceedings – Held, Sadness and grief are normal reactions to crises faced during cancer - All people will experience these reactions periodically - Because sadness is common it is important to distinguish between normal degrees of sadness and depressive disorders - A critical part of cancer care is recognition of levels of depression present and determination of appropriate level of intervention ranging from brief counseling or support groups to medication and or psychotherapy - For example relaxation and counseling interventions have been shown to reduce psychological symptoms in women with a new diagnosis of gynecological cancer - Some people may have more difficulty adjusting to diagnosis of cancer than others and will vary their responses to diagnosis - Major depression is not simply sadness or a blue mood - Major depression affects of patients and has recognizable symptoms that can and should be diagnosed and treated because they have an impact on quality of life - Depression is also an under diagnosed disorder in general population - Symptoms evident at time of a cancer diagnosis may represent a preexisting condition and warrant separate evaluation and treatment - Depression and anxiety disorders are common among patients receiving palliative care and contribute to a greatly diminished quality of life in these patients - It cannot therefore be ruled out that suffering of petitioner on account of undiagnosed disorder in a sense could have also been a cause for such depression and anxiety which caused such change in behavioral pattern of petitioner - Rule 8 of Civil Services Discipline and Appeal Rules, 1973 envisages various penalties both minor and major which Withholding of increments or promotion Reduction to a lower rank in seniority list or to a lower post Recovery from pay Compulsory retirement Removal from service Dismissal from service suspension - Penalties mentioned in clauses are deemed as minor penalties and penalties mentioned in item are deemed as major penalties - Considering conspectus of facts and nature of allegations in our firm view imposition of a lesser major punishment would be appropriate - In such view of matter orders passed by respondents are set aside and matter is remanded to second respondent for consideration of case of petitioner light of findings rendered by us above - Second respondent is directed to pass fresh order of punishment within four weeks from date of receipt of a copy of this order – Order acordingly
R. Karuppiah, J.
1. The writ petition has been filed challenging the dismissal order passed by the second respondent/Disciplinary Authority, which was confirmed by the first respondent/Appellate Authority.
2. Brief facts, in a nutshell, are that the petitioner was selected as Steno-Typist by the Tamil Nadu Public Service Commission on 28.05.1990. While she was working as a Steno-Typist in the office of the Additional District Munsif, Karur, a memo dated 16.07.2008 was served to the petitioner based on the complaint sent by the Additional District Munsif, Karur, in which explanation was called for from the petitioner. The petitioner has not submitted her explanation within time and sought for extension of time for giving explanation. In the meantime, the petitioner was suspended from service on 31.07.2008. Thereafter, a memo dated 04.08.2008 has been served to the petitioner calling upon her explanation regarding her misconduct. The petitioner sent her explanation on 13.08.2008 to the second respondent/Disciplinary Authority. Being not satisfied with the explanation given by the petitioner, the Disciplinary Authority/second respondent had framed the following charges against the petitioner in the proceedings, dated 26.09.2008 in A.No.252 of 2008:
CHARGE-IYou, Tmt.A.Brahatheewari, Steno typist of the Additional District Munsif's Court, Karur, in the course of discharging your official duties, the Additional District Munsif, Karur has completed dictation of a brief judgment in O.S.No.416/2005 at 6-00 P.M., on 30.07.2008 and has directed you to transcribe the said judgment by 10-00 A.M., on the next day for being pronounced on 31.07.2008; but you deliberately refused to transcribe the said brief judgment in O.S.No.416/2005 and wanted further time to transcribe the said judgment and thereby committed the act of serious misconduct and violated the statutory Rule 20 of the Tamil Nadu Government Servants' Conduct Rules, 1973.
Charge-II
That you, Tmt.A.Brahatheeswari, Steno-typist of the Additional District Munsif's Court, Karur in the course of discharging your official duties, when Additional District Munsif, Karur directed you to transcribe the brief judgment in O.S.No.416/2005 for being pronounced on the next day viz., on 31.07.2008, you insisted that 15 days time be necessarily given to you for transcription and thereby you have committed on act of serious misconduct and violated the statutory Rule 20 of the Tamil Nadu Government Servants' Conduct Rules, 1973.
CHARGE-III
That you Tmt.A.Brahatheeswari, Steno typist, Additional District Munsif's Court, Karur in the course of discharging you official duties, inspite of direction of the Additional District Munsif, Karur to incorporate the list of Exhibits and witnesses examined in I.A.No.612/2008 in O.S.No.96/2008 and also in I.A.No.567/2008 in O.S.No.422/2008 in the order/judgment by verifying the case records, you have deliberately typed there in that Trial sheet not available in the case bundle. Hence, Trial sheet not attached and thereby committed the act of serious misconduct and grossly violated the statutory Rule 20 of the Tamil Nadu Government Servants' Conduct Rules 1973.
CHARGE-IV
You, Tmt.A.Brahatheeswari, Steno typist of the Additional District Munsif's Court, Karur in the course of discharging your official duties, you have refused to transcribe the brief judgment in O.S.No.416/2005 for being pronounced on 31.07.2008, and after receipt of the suspension order on 31.07.2008 and after actually pronouncing the judgment written by hand in O.S.No.416/2005 by the Additional District Munsif, Karur. You have submitted the judgment at 6.30 P.M. on 31.07.2008 to the Additional District Munsif, Karur and thereby you have committed the act of serious misconduct and grossly violated the statutory Rule 20 of the Tamil Nadu Government Servants' Conduct Rules 1973.
3. The second respondent/Disciplinary Authority has appointed the Subordinate Judge, Kulithalai, as Enquiry Officer
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