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S. M. SUBRAMANIAM, C. KUMARAPPAN
E. Rajendra Kannan – Appellant
Versus
Registrar General, High Court of Madras – Respondent
ORDER :
S.M.SUBRAMANIAM, J.
Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorari to call for the records relating to the order in R.O.C.No.13/2021/Con.B2 of the 1st respondent dated 20.01.2023 and quash the same.
The order of punishment dated 20.01.2023 imposing the punishment of stoppage of increment for one year with cumulative effect is challenged in the present writ petition.
2. The writ petitioner was appointed as Civil Judge and duly promoted to the cadre of Senior Civil Judge. A charge memorandum was issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules in proceedings dated 15.12.2021. The charge against the petitioner reads thus:-
Thus, you have committed acts of seri
The court established that disciplinary actions must be proportionate to the misconduct, and reliance on irrelevant circulars can invalidate charges.
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....
Failure to pass final orders within the stipulated time can lead to the quashing of disciplinary proceedings and related punishment, as per the Division Bench decision.
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
Exhaustion of review remedy and approaching the competent authority for effective adjudication of disciplinary issues under Rule 3(a) of the Tamil Nadu Police Subordinate Service (Discipline and Appe....
The court's decision underscores the limited scope of judicial review in disciplinary matters, emphasizing the need for compliance with natural justice, presence of some evidence, observance of statu....
Delay in initiating the departmental proceedings and splitting up of delinquencies into separate charge memos are fatal and illegal, respectively.
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