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M. S. RAMESH
S. T. Krishnan – Appellant
Versus
Secretary to Government, Highways & Small Ports (HL) Department, Chennai – Respondent
JUDGMENT
(Prayers: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorari, calling for the records of the respondents in connection with the impugned order passed by the first respondent in G.O.(D) No.154, Highways & Small Ports (HL2) Department dated 31.08.2009, G.O.(D) No.215, Highways & Small Ports (HK) Department dated 14.10.2010 and Letter No.15710/HL2/2013/1 Highways & Small Ports Department dated 22.01.2014 and to quash the same.
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Manadamus, calling for the records of the second respondent in Letter No.1083/Confidential1/2013 dated 10.06.2013 and in Memo No.307/2013/A1 issued by the third respondent dated 21.06.2013 and to quash the same and further direct the respondents to consider the claim of the petitioner for promotion as Divisional Engineer by including his name in the panel of the year 2007-08 without reference to the punishment of censure imposed on the petitioner in G.O.(D) No.154, Highways & Small Ports (HL2) Department dated 31.08.2009 and promote the petitioner as Divisional Engineer, Highways notionally an
The central legal point established is that the delinquent officer is entitled to a personal hearing when the Disciplinary Authority deviates from the Enquiry Officer's decision, as per the principle....
Inordinate delay in initiating and completing disciplinary proceedings can cause prejudice to the delinquent and vitiate the proceedings.
Penalties not specified in service rules cannot be imposed, and employees must be given a hearing when disciplinary authorities disagree with inquiry findings.
Acquittal in a criminal case does not preclude disciplinary action. Eligibility for promotion should be considered with reference to service particulars and pending disciplinary proceedings.
Admission of guilt in disciplinary proceedings resulting in censure penalty, without exoneration, bars challenge to penalty and entitlement to retrospective promotion despite juniors' promotion durin....
Employer's obligation to follow due procedure and provide reasons for disagreeing with the findings of the Enquiry Officer before attaching a stigma to an employee's career.
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