N. SATHISH KUMAR
K. Anadhajothi – Appellant
Versus
District of Medical Education [FAC], Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed, under the Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus to call for the records relating to the impugned order passed by the first respondent herein in his proceedings Na.Ka.No.111974/CMaP2/2/2022-1, dated 18.02.2023 and quash the same and consequently promote the petitioner as Deputy Director [Administration] for the year 2022-23 on par with his juniors.)This Writ Petition has been filed to quash the impugned order passed by the first respondent herein in his proceedings Na.Ka.No.111974/CMaP2/2/2022-1, dated 18.02.2023 and consequently promote the petitioner as Deputy Director [Administration] for the year 2022-23 on par with his juniors.
2. The case of the writ petitioner is that he has put in more than 29 years of service and the petitioner was due for promotion to the post of Deputy Director [Administration] for the year 2022-23. On 16.11.2022, the Director of Medical and Rural Services had sent a proposal of eligible candidates fit for promotion to the post of Deputy Director [Administration], wherein the petitioner is shown as senior most to other persons in the panel. He was placed in Serial No.1. Wherea
The charge memo must contain specific charges and be issued in accordance with the relevant rules, and promotions should not be denied based on stage-managed allegations after the crucial promotion d....
Delay in issuing a Charge Memo does not invalidate serious charges; promotion consideration cannot be blocked by ongoing disciplinary actions.
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 disciplinary authority has the discretion to assess the evidence and form an opinion on the nature of the allegations, and relief sought based on assumptions regarding the framing of charges cann....
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