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M. S. RAMESH
A. Usman – Appellant
Versus
State of Tamil Nadu Rep. by its Principal Secretary to Government, 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 from the second respondent in his proceedings No.Se.Mu.A.No.26747/e2/2017 dated 21.08.2018 and the said order also confirmed by the first respondent in his proceedings in G.O.Ms (1D) No.31 dated 23.07.2019 (received on 08.08.2019) quash the same and to issue consequential direction directing the respondents to disburse the retirement benefits to the petitioner.)
1. Based on the inquiry report holding the charges as proved against the petitioner under the charge memo dated 27.11.2012 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules [hereinafter referred to as “Rules”], the second respondent herein had imposed the punishment of “removal from service” through an order dated 21.08.2018. The appeal preferred by the petitioner in his appeal petition dated 27.08.2018, was also rejected by the first respondent through his order dated 23.07.2019. Challenging these orders, the present Writ Petition has been filed.
2. Heard Ms.Shabnam Banu, learned counsel for the petitioner and Mr.K.H.Ravikumar, learned Government
Procedural irregularities in disciplinary proceedings, lack of evidence of acknowledgment of inquiry summons, and non-speaking order by the Appellate Authority warrant setting aside the impugned orde....
The main legal point established in the judgment is that disciplinary proceedings must comply with natural justice, be based on sufficient evidence, and impose proportionate punishment for proved mis....
The punishment imposed following departmental disciplinary proceedings must be proportionate to the proved misconduct, and the power of judicial review is limited to ensuring adherence to statutes an....
The court emphasized the importance of following disciplinary procedures and rules of natural justice, and highlighted the need for justifying punishments based on preponderance of probabilities when....
The limited scope of Judicial Review in interfering with the quantum of punishment imposed by the Competent Authority.
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....
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