Delay in initiating the departmental proceedings and splitting up of delinquencies into separate charge memos are fatal and illegal, respectively.

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 issue a Certiorarified Mandamus, calling for the records relating to the final order passed by the second respondent in “TAMIL 2” 2(2)/12666/2007, dated 16.08.2018 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.)

Common Order:

1. Heard the learned counsel for the parties.

2. For the three incidents that took place in the year 2005, the petitioner was issued with three charge memos, all dated 02.09.2016 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, 1955. By orders dated 15.06.2018 and 16.08.2018 respectively, the Disciplinary Authority had imposed censure and through another order dated 19.11.2018, the punishment of stoppage of increments without cumulative effect. All these punishments, are put under challenge in the present Writ Petitions.

3. The order of punishment is liable to be set aside predominantly on two grounds. Firstly, on the ground of delay in initiating the disciplinary proceedings and secondly, on the impermissibility for splitting up the charges.

Delay in initiating the disciplinary proceedings:-

4. In all the three charge memos, the delinquencies attributed on the petitioner relates to certain incidents that had happened in the year 2005. The charges came to be framed on 02.09.2016 for such delinquencies, which is after about 11 years. Such a delay in initiating the departmental proceedings, is impermissible in service jurisprudence.

5. The Hon''ble Supreme Court, as well as this Court, in various cases have held that inordinate delay in initiation of the departmental proceedings, as well as the conclusion of the same, would be fatal to the respondents. In service jurisprudence, the Enquiry Officer is required to complete the departmental proceedings, within a reasonable time, after following the due procedure of law and by abiding with the Principles of Natural Justice. In cases, where there is an undue delay in completion of the departmental proceedings, it has been held in various decisions that the laches on the part of the employer in completing the departmental enquiry, would be fatal.

6. In the case of The Special Commissioner and Commissioner of Commercial Taxes, Chepauk v. N.Sivasamy reported in 2005 (5) CTC 451, the Division Bench of this Court held as follows:

"Though the alleged lapse occurred in the year 1995 and certain charges related to the period 1993-94, the charge memo was issued on