Back
M. S. RAMESH
M. Raja – Appellant
Versus
Principal Secretary to Government, Cooperation, Food & Consumer Protection (CL1) Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Certiorari, calling for the records of the third respondent in Na.Ka.1214/2018 Sa Pa-1 dated 05.09.2019 and quash the same.)
1. The petitioner herein was subjected to disciplinary proceedings under the impugned charge memo dated 05.09.2019, framed under Rule 17 (b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, which is put under challenge in the present Writ Petition.
2. Heard Mr.V.Vijayashankar, learned counsel for the petitioner and Mr.K.H.Ravikumar, learned counsel appearing on behalf of the respondents.
3. It is stated by the learned counsel for the petitioner that the charge memo itself is vitiated, since the list of witnesses in the Annexure accompanying the charge memo, was shown as ''Nil''. He further submitted that the charges have been framed, only to deprive promotion to the petitioner, for the post of Deputy Registrar of Co-operative Societies. He also added that there is a considerable delay in framing of the charges.
4. Per contra, the learned Government Advocate submitted that, there is no delay in framing of the charges since the delinquency relates up
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....
Inordinate delay in initiating departmental proceedings prejudices the charged officer unless there is a proper explanation for the delay.
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 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 disciplinary proceedings post-superannuation causes prejudice, warranting quashing of charges.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
