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V. M. VELUMANI, R. HEMALATHA
B. Balamurugan, Assistant Commissioner of GST & Central Excise, Chennai – Appellant
Versus
Secretary, Department of Revenue, New Delhi – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorari to call for the records pertaining to the impugned order dated 30.03.2021 of the Hon''ble Central Administrative Tribunal, Madras Bench in M.A.458/2019 in O.A.No.310/01097/2019 and quash the same.)
R. Hemalatha, J.
1. Challenging the order dated 30.03.2021 of Central Administrative Tribunal, Chennai, in O.A.No.310/01097/2019, the present writ petition is filed.
2. Briefly into the facts of the case :
The petitioner joined the Customs Department as Appraising Officer in 1993 and was promoted to Indian Revenue Service in the year 2003. He was posted as Assistant Commissioner of Central Excise & Customs initially at Salem and later at Mumbai. On 18.06.2009, he was issued with a charge memo prior to which he was placed under suspension in February 2009 itself. There were two charges against him one pertaining to unauthorised absence from duty from 05.01.2007 and the second one pertaining to observing hunger strike in his native town for seven days from 3rd February 2009 to 9th February 2009 in support of Sri Lankan Tamils and also for writing a letter to t
The main legal point established in the judgment is the significance of obtaining approvals for both initiation of disciplinary proceedings and issuance of the charge memo from the competent authorit....
A charge sheet issued without prior approval of the competent authority is invalid and cannot be ratified by subsequent approval.
The withdrawal of a charge memo does not necessarily nullify the proceedings, and pendency of disciplinary proceedings can be a valid reason for denying promotion.
The punishment imposed in disciplinary proceedings must be proportionate to the charges levelled against the employee, and the court's review is limited to ensuring procedural fairness and proportion....
Delay in initiating the departmental proceedings and splitting up of delinquencies into separate charge memos are fatal and illegal, respectively.
Allegations of mala fides do not suffice to quash a charge memorandum; the inquiry process must determine the validity of the charges based on evidence.
Non-est proceedings cannot be validated by ex-post facto approval.
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