Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
MS.JUSTICE R.N.MANJULA, J
M. Sundaramoorthy – Appellant
Versus
Government of Tamil Nadu, Rep. by Secretary to Government – Respondent
ORDER
The petitioner has filed this Writ Petition to call for the records on the file of the first respondent relating to order in G.O.(2D).No.303, Revenue Department and Disaster Management Services Wing Ser 4(1) dated 16.10.2017 and to quash the same and to issue consequential directions to the respondents to permit the petitioner to retire on 31.12.2007 and grant him all consequential benefits and disburse his pensionary benefits with interest within a time frame.
2. Heard Mr.M.Ravi, learned counsel for the petitioner, Mr.T.Chezhiyan, learned Additional Government Pleader for the respondents and perused the materials available on record.
3. The brief facts of the case are as follows:
The petitioner was working as a Village Administrative Officer at Ariyalur, Namakkal District. The second respondent issued a charge memo on 26.04.2006 under Rule 17(b) of the Tamil Nadu Civil Service (D&A) Rules. It is alleged that some irregularities have occurred in the issuance of patta in respect of lands in Survey Nos.94/2 & 93/3 in Tholur Village. Even the above charge memo was subsequently withdrawn and a revised charge memo was issued on 14.11.2006 and the petitioner submitted his explanation o
Inordinate delay in disciplinary proceedings can lead to prejudice against the employee, violating principles of natural justice and warranting the setting aside of penalties.
The main legal point established is the requirement for timely framing of charges, non-discriminatory action against co-delinquents, and the need for a joint enquiry for co-delinquents from different....
The main legal point established in the judgment is the need to avoid inordinate delays in disciplinary proceedings, the serious prejudice and mental distress caused by such delays, and the court's a....
Disciplinary proceedings were invalidated due to inordinate delay, lack of a reasoned order, and violations of natural justice principles, necessitating quashal of the punishment imposed.
Inordinate delays in disciplinary proceedings violate the principles of natural justice, rendering dismissal from service arbitrary and unconstitutional, necessitating the payment of retiral benefits....
Prolonged delay in disciplinary proceedings post-retirement may violate an employee's right to due process and cause undue prejudice, warranting quashing of proceedings under constitutional jurisdict....
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to 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
