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S. M. SUBRAMANIAM, K. RAJASEKAR
A. Rajasekaran – Appellant
Versus
State of Tamil Nadu Represented by Chief Secretary to Government, Chennai – 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 Certiorarified Mandamus, calling for the records pertaining to the G.O.Ms.No.742, Public (Special-A) Department, dated 07.11.2022 passed by the first respondent, quash the same and consequently direct the respondents to pay salary and all terminal benefits due to the petitioner, which the petitioner would have been entitled to, had he retired from service on 30.06.2023 in the normal course together with 12% per annum.)
1. FACTS IN BRIEF :
The writ petitioner was appointed as Civil Judge (Junior Division) in the Tamil Nadu State Judicial Service on 11.11.1988. He was promoted as Civil Judge (Senior Division) on 09.03.1998 and thereafter promoted as Additional District Judge on ad hoc basis on 01.11.2006. The petitioner was reverted back to the cadre of Civil Judge (Senior Division) vide High Court's proceedings dated 09.02.2009. Again he was promoted as Additional District Judge on 11.03.2010 and served as IV Additional District Judge,
The preponderance of probabilities is sufficient for punishing a public servant under the Discipline and Appeal Rules, and the standard of proof required for departmental disciplinary proceedings is ....
The court found charge Nos.1, 3, 5 and 7 proved against the writ petitioner, a Section Officer, which were grave in nature and touching upon his integrity. The court held that the punishment of dismi....
In disciplinary proceedings, the burden of proof lies with the charged officer to disprove allegations, and adherence to natural justice is essential for valid outcomes.
The central legal point established in the judgment is the requirement of evidence to prove charges in a disciplinary proceeding, the need for adherence to natural justice principles, and the entitle....
The main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
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