Back
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Jothiraman, J
M.p.nagarajan – Appellant
Versus
Additional Chief Secretary To Government – Respondent
ORDER :
Under assail is the order dated 12.05.2009 passed by the Additional Director General Police, (Law & Order) and G.O.(D) No.89 Home (Pol.IVA) Department dated 23.01.2018 passed by the Additional Chief Secretary to Government, Home (Pol.IVA)Department, Chennai-9.
2. The case of the writ petitioner is that the petitioner was working as Sub Inspector of Police. While he was working as Sub Inspector of Police at Tenkarai Police Station, Periyakulam, Theni District, the Superintendent of Police, Theni District placed him under suspension vide order dated 05.01.2008 alleging that he demanded Rs.10,000/- to release the tractor, which was used for illicit transportation of soil on 04.01.2008. He came to know that the owner of the tractor one Thiru.Abuthahir had directly made a complaint against him on 05.01.2008 to the Superintendent of Police, Theni District alleging that on 04.01.2008, evening when his tractor was transporting soil from his thoppu to his Mangobar factory, the petitioner took the tractor to the police station and abused and threatened him and demanded Rs.10,000/- to release the tractor. After getting Rs.10,000/- from the driver, the petitioner released the tractor. Th
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 reaffirmed that disciplinary proceedings are distinct from criminal trials, emphasizing judicial review's limitation to procedural fairness and legal compliance.
Departmental disciplinary findings can sustain charges independently of criminal acquittal, emphasizing the distinct standards applicable to misconduct in public service.
The court upheld the dismissal of the petitioner, affirming that the inquiry was conducted fairly and in accordance with legal principles, with no grounds for interference.
Disciplinary action against government employees must comply with statutory provisions, and jurisdictional authority must be respected; lack of proper procedure and reasoning renders proceedings void....
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....
The court emphasized the importance of maintaining discipline and the requirement to prove prejudice in cases of non-serving of enquiry report, affirming the authority's discretion in disciplinary pr....
The Superintendent of Police is authorized to issue charge-sheets and initiate disciplinary proceedings against subordinate officers, and such proceedings must adhere to the principles of natural jus....
The court emphasized the importance of adhering to procedural rules and highlighted the impermissibility of relying on statements made during preliminary enquiry in disciplinary proceedings.
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
