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S. M. SUBRAMANIAM, M. JOTHIRAMAN
R. Magdaline Rani – Appellant
Versus
Geological Survey of India – Respondent
ORDER :
[Order of the Court is made by S.M.SUBRAMANIAM, J.]
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorari, calling for the records pertaining to the impugned order dated 17.03.2023 passed by 5th respondent in O.A.No.250 of 2019 and quash the same.
The lis on hand has been instituted challenging the order passed by the Central Administrative Tribunal, Chennai Bench dated 17th March, 2020 in O.A.No.250 of 2019.
2. The Tribunal considered the issues and dismissed the application filed by the writ petitioner challenging the charge memo issued by the respondents in proceedings dated 17.12.2018. Consequently, the present writ petition came to be instituted.
3. The writ petitioner is working as a Store Keeper and a charge memo has been issued in proceedings dated 17.12.2018 under Rule 14 of the Central Civil Services (Classification, Control, and Appeal) Rules, 1965. The charge memo contain 5 charges along with the statements of imputation of misconduct. Annexure–III to the charge memo listed the documents relied on by the Department, Annexure–IV provide list of witnesses to be examined.
4. Thus, we do not find any inf
Allegations of mala fides do not suffice to quash a charge memorandum; the inquiry process must determine the validity of the charges based on evidence.
The main legal point established in the judgment is the significance of obtaining approvals for both initiation of disciplinary proceedings and issuance of the charge memo from the competent authorit....
The withdrawal of a charge memo does not necessarily nullify the proceedings, and pendency of disciplinary proceedings can be a valid reason for denying promotion.
Issuing a second charge memo while a criminal case is pending violates principles of natural justice and is impermissible.
The main legal point established in the judgment is that once disciplinary proceedings are dropped without giving any reason, a proceeding cannot be re-initiated, as per the circular dated 05.07.1979....
Competent disciplinary authority expected to conclude proceedings expeditiously; petitioner's cooperation essential for entitlement to relief.
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