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L. VICTORIA GOWRI
T. Antony Kanmani – Appellant
Versus
State of Tamil Nadu Rep by its Principal Secretary Home (Police V) Department – Respondent
ORDER :
L.Victoria Gowri, J.
PRAYER : Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, call for the records relating to the Order Na.Ka.No.F3/Tha.Pa.15/2007, dated 14.11.2007, passed by the 4th respondent Order Na.Ka.No.F.3/Me.Mu.12/2008 dated 22.04.2008, passed by the third respondent, order Rc.No. 101734/AP.I(2)/2008 dated 13.06.2008, passed by the 2nd respondent and G.O.(3D)No.69, Home (Pol.V) Department, dated 22.09.2008, passed by the 1st respondent and quash the same and consequently, direct the respondents 1 to 3 to promote the petitioner as Superintendent in the year 2008 - 2009 on par with her Junior - 5th respondent herein, duly placing the petitioner between P.Muthusamy (Sl.No.452) and R.S.Ravi (Sl.No.453) i.e. as Sl.No.452A and consequently to appoint the petitioner by recruitment “by recruit by transfer” as Personal Assistant (Administration) (re-designated as Administrative Officer) from 23.05.2017 on par with her Junior - 5th respondent herein, duly placing the petitioner between T.Ramsamy (Sl.No.35) and R.S.Ravi - 5th respondent (Sl.No.36) I.e., as Sl.No.35A in the panel of Superintendents fit for pr
Disciplinary actions based on minor infractions require compelling justification and adherence to natural justice principles; absence due to illness is not willful misconduct.
Government servants are entitled to promotion after the punishment period if otherwise eligible, and government letters cannot impose restrictions contrary to statutory rules.
Disciplinary actions must be supported by clear reasoning; failure to provide reasons renders such actions invalid.
Point of law: It is true that going by the abovesaid statutory provision, if the officers are not fully exonerated of the charges, the DPC may decide each case on its own merits. However, the abovesa....
Imposition of a minor penalty of censure does not justify blocking consideration for promotion for three years under the sealed cover procedure.
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
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