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R. N. MANJULA
S. Arasu – Appellant
Versus
State of Tamil Nadu, Rep. by its Secretary, Department of Municipal Administration and Water Supply – Respondent
ORDER :
(R.N. Manjula, J.) :
(Prayer : Writ Petition is filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings issued by the fourth respondent in R.O.C.No.A1/83/2023 (TDP.04/2023) dated 27.09.2023, quash the same.)
This writ petition has been filed challenging the charge memo dated 27.09.2023 issued by the fourth respondent against the petitioner.
2. Heard Mr.Isaac Mohanlal, learned Senior Counsel for the petitioner, Mr. Veera Kathiravan, learned Additional Advocate General assisted by Mr.N.Ramesh Arumugam, learned Government Advocate for the respondents 1, 2 and 4 and Ms.Devasena, learned counsel for the third respondent.
3. When the petitioner was working as an Executive Engineer, on 02.11.2018, on a surprise inspection, some gold, silver materials and cash were recovered from the petitioner. However, after a detailed enquiry, the petitioner was not found guilty and the other delinquent, namely Balagurunathan, was found guilty for the same. Despite the same, a case in Crime No.7 of 2021 dated 30.04.2021 came to be registered on the very same set of allegations on the file of th
Point of law: suspension was prolonged for more than 11 years in some of the judgments referred above. But, still, the Courts held that, it depends upon the circumstances of each case and varies from....
Disciplinary proceedings against a public servant must cease if the charges are identical to those leading to an honourable acquittal in a criminal case, ensuring fairness in due process.
Departmental proceedings must adhere to principles of natural justice, and acquittal in criminal cases does not preclude disciplinary action but requires proper evidence examination.
Protracted disciplinary proceedings without valid justification, especially post-acquittal in criminal cases, constitute harassment and must be quashed.
The disciplinary authority must record its own findings and provide an opportunity for the delinquent employee to respond if it disagrees with the findings of the inquiry officer. The delay in initia....
Departmental proceedings can continue alongside criminal trials unless complicated legal questions arise; mere overlap of facts does not warrant a stay.
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