S. M. SUBRAMANIAM
J. Bernard Philip Leo – Appellant
Versus
Assistant Director of Survey & Land Records – Respondent
ORDER :
Prayer : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the orders of the fifth respondent in Na.Ka.Gna2/21248/2015 (Survey) dated 15.12.2015, confirming the appeal order passed by the fourth respondent in Na.Ka. La1/26638/2014 dated 06.05.2015 which confirmed the second respondent’s appeal order made in Na.Ka.A4/9450/2013 dated 08.05.2014, which confirmed the impugned order passed by the first respondent in Na.Ka.A8/3073/2012 dated 20.09.2013 and to quash the same as illegal and to issue consequential direction directing the first respondent to reinstate the Petitioner into service with all service and consequential benefits, within the time limit as fixed by the Honourable Court.
The punishment of removal from service as confirmed by the Appellate Authority are under challenge in the present writ petition.
2. The petitioner states that he was working as Typist in the Department of Survey and Land Records. A charge memo was issued in proceedings dated 04.05.2012 under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules with an allegation that the writ pe
Contracting a second marriage during the lifetime of the first wife by a government servant constitutes grave misconduct under the Tamil Nadu Civil Services (Discipline and Appeal) Rules.
Disciplinary action for bigamy must align with statutory provisions, ensuring that penalties are proportionate to the misconduct, with compulsory retirement deemed appropriate in this case.
The main legal point established in the judgment is the need for proportionality in the punishment imposed for violations of service rules, considering the individual circumstances and the impact on ....
Bigamous marriage is prohibited under Regulation 4(xxi) of the APSEB Regulations, and customary divorce claims must be proven to negate such allegations.
Disciplinary actions in uniformed services must uphold strict standards of conduct, and proven misconduct justifies severe penalties such as dismissal.
Scope of interference with the order of the Tribunal by this Court under Article 226 of the Constitution of India exercising extra-ordinary, equitable and discretionary jurisdiction, has its own limi....
The judgment establishes that the penalty of removal from service for violating the Conduct Rules may be upheld if not shockingly disproportionate, and emphasizes the higher standard of conduct expec....
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