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S. M. SUBRAMANIAM, K. RAJASEKAR
T. Velmurugan – Appellant
Versus
Registrar-General – Respondent
JUDGMENT :
S.M. Subramaniam, J.
(Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Certiorari, calling for the records relating to the impugned proceedings issued by the second respondent in Roc.No.5585/2018 dated 29.04.2022 and to quash the same.)
1. Further representation called for from the petitioner on the findings of the Enquiry Report in departmental proceedings, is under challenge in the present writ petition.
2. The petitioner was holding the post of Superintendent. Departmental disciplinary proceedings were initiated and a charge memo in No.2 of 2018 dated 20.11.2018 was issued to the petitioner. The petitioner initially challenged charge memo in WP No.2706 of 2019. The Division Bench of this Court passed final orders, dismissing the writ petition on 05.02.2019, by granting liberty to the writ petitioner to defend his case before the Disciplinary Authority. Accordingly, the Disciplinary Authority appointed an Enquiry Officer, who in turn conducted an enquiry and submitted Final Report. The findings of the Enquiry Officer, in his Report, were not agreed by the Disciplinary Authority/ Principal District Judge.
3.
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 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 court holds that procedural adherence in disciplinary proceedings is essential, and mere allegations of procedural violations without prejudice do not warrant judicial intervention.
Disciplinary Authority must provide reasons for differing from the Enquiry Officer's findings in a second show cause notice to ensure compliance with principles of natural justice.
Punishment of dismissal of service should be awarded for gravest act of misconduct.
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....
Competent disciplinary authority expected to conclude proceedings expeditiously; petitioner's cooperation essential for entitlement to relief.
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