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2019 Supreme(Mad) 538
IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. KARTHIKEYAN, J.
A.B. Gurumani - Petitioner
Versus
The Government of Tamil Nadu, Rep., by the Secretary to Government, Municipal Administration & Water Supply Department, Chennai & Others - Respondent
W.P. No. 14512 of 2012
Decided On : 27-04-2019
Advocate Appeared:
For the Petitioner:R. Saseetharan, Advocate.
For the Respondents:P.S. Siva Shanmuga Sundaram, Special Government Pleader, & T. Gowthaman, Advocate.
Violation of principles of natural justice in disciplinary proceedings
Headnote:
Writ Petition - Disciplinary Proceedings - CMWSSB Regulations - Circular No. CMWSSB/P&A/VC1/52375/2002 - Violation of Principles of Natural Justice
Fact of the Case:
The petitioner, an Accounts Assistant at CMWSSB, was promoted to Junior Accounts Officer. He issued salary certificates and an undertaking letter for employees to avail loans from banks. He was charged with misconduct and subsequently removed from service. The petitioner challenged the removal through Writ Petition.
Finding of the Court:
The Court found that the disciplinary proceedings were vitiated due to the violation of principles of natural justice. It held that the Circular invoked by the respondents was issued after the petitioner's actions, and a second show cause notice was not issued before imposing the major punishment of removal from service. The Court directed the respondents to reinstate the petitioner with continuity of service but without back wages.
Issues: Violation of principles of natural justice, Circular No. CMWSSB/P&A/VC1/52375/2002, Second show cause notice
Ratio Decidendi: The Court held that the disciplinary proceedings were vitiated due to the violation of principles of natural justice, as the Circular invoked by the respondents was issued after the petitioner's actions, and a second show cause notice was not issued before imposing the major punishment of removal from service.
Final Decision: The Writ Petition was allowed, and the respondents were directed to reinstate the petitioner with continuity of service but without back wages.
(Prayer: Petition under Article 226 of the Constitution of India, praying for the issue of a Writ of Certiorarified Mandamus calling for the records of the first respondent issued in G.O.(D).No. 256, Municipal Administration & Water Supply (MW2) Department dated 14.07.2011, confirming the order of the second respondent issued in proceedings No. CMWSSB/P&A/VC(A)/5044/2007 dated 02.06.2007 and in proceedings No. CMWSSB/P&A/VC2/53192/2004 dated 04.01.2007 and quash the same and issue a consequential direction to the respondents to reinstate the petitioner into service of the respondent Board with service and monetary benefits.)
1. The Writ Petition had been filed by the petitioner, in the nature of a Writ of Certiorarified Mandamus calling for the records of the first respondent issued in G.O.(D).No. 256, Municipal Administration & Water Supply (MW2) Department dated 14.07.2011, confirming the order of the second respondent issued in proceedings No. CMWSSB/P&A/VC(A)/5044/2007 dated 02.06.2007 and in proceedings No. CMWSSB/P&A/VC2/53192/2004 dated 04.01.2007 and quash the same and issue a consequential direction to the respondents to reinstate the petitioner into service of the respondent Board with service and monetary benefits.
2. The writ petitioner A.B.Gurumani was appointed as Accounts Assistant in the office of Chennai Metropolitan Water Supply and Sewerage Board (CMWSSB) on 06.11.1987. He was then promoted as Junior Accounts Officer. While functioning as Junior Accounts Officer, he issued salary certificates for the employees, who had applied for loan from Co-operative Bank and Indian Bank during the period 23.11.2002 to 02.01.2003. The second respondent, Managing Director, CMWSSB, issued a memo of charges by proceedings dated 22.05.2003. The petitioner was charged that though he was not the competent Pay Disbursing Officer, he had given an undertaking as Pay Disbursing Officer to the Tamil Nadu State Apex Co-operative Bank Limited., Periamet Branch, Chennai, for 18 employees for getting personal loans from the said Bank. On the basis of the said undertaking, the Bank also granted personal loan. The petitioner was charged that he had furnished false pay certificates to the Bank showing a higher rate of net pay. He submitted his explanation denying the charges. An enquiry was conducted and the third respondent, General Manager, CMWSSB, imposed a punishment of stoppage of increment for three years without cumulative effect, by Order dated 08.02.2003.
3. The second respondent by proceedings dated 05.11.2004 issued another notice charging the petitioner with misusing his position as Pay Drawing Officer and issuing pay certificates to 30 employees in Area -I Office and arranged to avail salary loan to them from Indian Bank and further misused his position and gave an undertaking letter for recovery of the loan from their salary, thereby tarnishing the image of the Board. The petitioner gave a representation on 22.11.2004. The third respondent by further proceedings dated 25.04.2005 issued a memorandum of charges under Rule 10(2) of CMWSSB Regulations and called for explanation. Three charges were framed which were as follows:-
“Charge No.1: A Circular No. CMWSSB/P&A/VC1/52375/2002 dated 07.01.2003 has been issued to all the officers of the Board instructing strictly not to involve in such type of practices as giving Pay certificates misusing their official capacity as Pay Drawing Officer to which they are not delegated to, for the employees to avail bank loan from the Bank. But Thiru. A.B.Gurumani, Junior Accounts Officer has misused his official capacity and given an undertaking letter on 02.01.2003 to the Chief Manager, Indian Bank, Ashok Nagar Branch, Chennai -600 083 to recover the loan instalment from the salary of employees who availed loan, in spite of the circular issued. Thiru. A.B.Gurumani, Junior Accounts Officer on issuing the circular, should have stopped the process without lapse. This amounts to disobedience
