Back
S. M. SUBRAMANIAM, C. KUMARAPPAN
Deputy Inspector General of Police, Salem, Salem District. – Appellant
Versus
R. Jayaraman – Respondent
JUDGMENT :
[Judgment of the Court was delivered by S.M.SUBRAMANIAM, J.]
Prayer: Writ Appeal filed under Clause 15 of Letters Patent praying to set aside the order dated 21.01.2020 made in W.P.No.23801 of 2010.
The Writ Order setting aside the punishment of postponement of increment for two years without cumulative effect is under challenge in the present Writ Appeal preferred by the Deputy Inspector General of Police. The respondent was working as Grade-I Police Constable. A charge memorandum was issued under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline and Appeal) Rules and 4 charges were framed. The respondent submitted his explanations denying the charges. Not satisfying with the explanation, the Disciplinary Authority appointed an Enquiry Officer to conduct domestic enquiry. The Enquiry Officer held that the charge nos.(1) and (2) are proved and (3) and (4) are not proved. The proved charges are as under:-
(2) Reprehensible and indisciplinary conduct in
Judicial review in disciplinary matters is limited to ensuring procedural compliance, not re-evaluating evidence or findings of the Disciplinary Authority.
The judgment emphasizes the importance of adhering to the procedures and principles of natural justice as per the relevant disciplinary rules, and highlights that the breach of such provisions does n....
Judicial review of disciplinary actions is confined to legality and procedural fairness, without substituting the authority's discretion unless there is clear injustice.
Acquittal in a criminal case does not automatically exonerate an employee from departmental disciplinary proceedings.
Disciplinary proceedings must adhere to procedural rules and principles of natural justice; judicial review does not extend to re-evaluating evidence unless there are violations of these principles.
The court clarified that for minor charges under Rule 3(a), the procedure does not mandate communication of the enquiry report to the charged official, emphasizing the summary nature of the proceedin....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
