Back
D. BHARATHA CHAKRAVARTHY
M. Paulpandi S/o. Mokkaraju – Appellant
Versus
State of Tamil Nadu – Respondent
ORDER :
This writ petition is filed challenging the notice dated 20.02.2024 issued by the respondent. By the said notice, the respondent being the Disciplinary Authority, had considered the findings of the Commissioner for Disciplinary Proceedings, Madurai(the Enquiry Authority), and disagreed with the findings and holds the charges as proved for the reasons stated in the annexure to the impugned notice. Therefore, the petitioner is called upon to submit further representation regarding the same within 15 days from the date of receipt of the said notice.
2. The petitioner's case is that he is working as Assistant Inspector General of Registration (Zonal) Madurai. A surprise check was held on 12.01.2018 jointly by the Vigilance and Anti-Corruption and the District Deputy Inspector Cell Officer when the petitioner was working as District Registrar, Madurai South. Thereafter, a charge memorandum dated 26.06.2019 containing two charges was issued against the petitioner. The said charges read as follows:
3. The petitioner denied the charges against him. The petitioner’s explanation was not accepted and the matter was referred for enquiry to the Commissioner of Departmental Enquiries, Madur
Disciplinary authorities must provide a fair opportunity to employees before finalizing disagreements with enquiry reports, as per principles of natural justice.
Disciplinary authorities must act fairly and without bias, ensuring that the accused has a reasonable opportunity to contest findings before any punitive action is taken.
Disciplinary actions must adhere to principles of natural justice, ensuring charges are clear and the accused gets a fair opportunity to defend against allegations.
The failure to supply the enquiry report and show cause notice caused prejudice to the writ petitioner. The punishment imposed must be within the authority of law as prescribed in the list of punishm....
The Disciplinary Authority must issue a reasoned notice of disagreement when departing from exonerating findings in disciplinary proceedings, ensuring the principles of natural justice are upheld.
Disciplinary authorities must provide an opportunity to represent when disagreeing with an inquiry officer’s findings, as per principles of natural justice.
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
