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M. S. RAMESH
N. Sivalingam – Appellant
Versus
State of Tamil Nadu, Rep. by its Principal Secretary to Government, Home (Transport-II) Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorarified Mandamus, directing the first respondent to call for the records of the impugned charge memo of the second respondent issued to the petitioner in C.No.1266/2008/A1, dated 28.01.2010 in T.D.P.Case No.110/2008 and quash the same and consequently, direct the respondent to revoke his suspension and to settle his pensionary benefits and other benefits entitled to the petitioner.)
1. In contemplation of a disciplinary proceedings by the Tribunal for Disciplinary Proceedings, Coimbatore [TDP] under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules [hereinafter referred to as “Rules”], the petitioner herein, was placed under suspension on 28.10.2008 and was also not allowed to retire on the date of his superannuation (i.e.) on 28.01.2010, on the strength of the charges which came to be framed against him by the second respondent herein.
1.2. The nature of delinquency attributed in the charge memo in T.D.P. Case No.110 of 2008, was with regard to certain misconducts relating to the period between 12.04.1999 to 15.01.2002 when the petiti
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....
Delay in initiating the departmental proceedings and splitting up of delinquencies into separate charge memos are fatal and illegal, respectively.
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....
Inordinate delay in initiating departmental proceedings prejudices the charged officer unless there is a proper explanation for the delay.
Inordinate delay in disciplinary proceedings post-superannuation causes prejudice, warranting quashing of charges.
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....
Mere acquittal in a criminal case does not bar departmental disciplinary proceedings, and delay in disciplinary proceedings cannot be solely attributed to the respondents if it is due to the petition....
Vagueness of charge memo, delay in initiation of disciplinary proceedings, impermissibility of piecemeal enquiry
Delay in initiating disciplinary proceedings and issuing charge memos can vitiate the proceedings and warrant their quashing, especially when the delay is unjustifiable and prejudicial to the employe....
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