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M. S. RAMESH
K. Kannamani – Appellant
Versus
Commissioner & Principal Secretary to Government, Agricultural Production, 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 final order passed by the second respondent in “TAMIL” 2(2)/42015/2017, dated 15.06.2018 by imposing censure on the basis of the charge memo dated 02.09.2016 and quash the same, further, direct the respondents to fix the petitioner''s seniority in the appropriate place above the fifth respondent thereby promote the petitioner as an Assistant Director of Agriculture, provide all attendant benefits from the date on which her immediate junior Mrs.R.Prema (TNPSC No.58/94-96), who is the fifth respondent herein got promoted on 05.09.2017.
Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorarified Mandamus, calling for the records relating to the final order passed by the second respondent in “TAMIL 1” 2(2)/41629/2017, dated 19.11.2018 by imposing stoppage of increment for 6 months without cumulative effect on the basis of the Charge memo dated 02.09.2016 issued by the third respondent, quash the same.
Writ Petition filed under Article 226 of the Constitution of India, praying to i
Delay in initiating the departmental proceedings and splitting up of delinquencies into separate charge memos are fatal and illegal, respectively.
Inordinate delay in initiating disciplinary proceedings can cause prejudice to the accused and may lead to the quashing of charges. G.O.338 prohibits the continuation of disciplinary proceedings agai....
Vagueness of charge memo, delay in initiation of disciplinary proceedings, impermissibility of piecemeal enquiry
Inordinate delay in initiating departmental proceedings prejudices the charged officer unless there is a proper explanation for the delay.
The main legal point established is the requirement for timely framing of charges, non-discriminatory action against co-delinquents, and the need for a joint enquiry for co-delinquents from different....
Inordinate delay in initiating disciplinary proceedings and absence of witnesses in the charge memo vitiates the proceedings and causes serious prejudice to the delinquent, rendering consequential pr....
The main legal point established in the judgment is the need to avoid inordinate delays in disciplinary proceedings, the serious prejudice and mental distress caused by such delays, and the court's a....
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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