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M. S. RAMESH
S. Subbiah – Appellant
Versus
Secretary to Government, Revenue Department, Secretariat, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorarified Mandamus, calling for the records relating to the first respondent vide G.O.[1D] No.243, Revenue [Service 2(2)] Department, dated 03.06.2015 and to quash the same and consequently, direct the respondents to accord the petitioner's promotion to the post of Superintendent in the year 2008.)
1. Heard Mr.S.Vijayakumar, learned counsel for the petitioner and Mr.T.Chezhiyan, learned Additional Government Pleader appearing on behalf of the respondents.
2. The brief facts of the case are as follows:-
The petitioner herein was levelled with two charges through a charge memo dated 16.02.2005 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules [hereinafter referred to as “TNCS (D&A) Rules”]. The basis of the charges were that, while the petitioner was working as an Assistant under the jurisdiction of the Assistant Settlement Officer (ASO), he is alleged to have issued patta by misusing his office and without submitting a report on the application seeking for patta. The petitioner had rendered his explanation to the charge memo on 15.09.2005 itself.
The main legal point established is that charges under Rule 17(b) must be carefully assessed to determine if they amount to misconduct. Additionally, in cases of identical charges, selective discrimi....
Delay in initiating the departmental proceedings and splitting up of delinquencies into separate charge memos are fatal and illegal, respectively.
Delay in initiating disciplinary proceedings and issuing charge memos can vitiate the proceedings and warrant their quashing, especially when the delay is unjustifiable and prejudicial to the employe....
Vagueness of charge memo, delay in initiation of disciplinary proceedings, impermissibility of piecemeal enquiry
Point of law: suspension was prolonged for more than 11 years in some of the judgments referred above. But, still, the Courts held that, it depends upon the circumstances of each case and varies from....
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