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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mrs Justice N. MALA
B. Charles Prabhakaran – Appellant
Versus
Secretary to Government, Welfare of Differently Abled Persons Department, Chennai – Respondent
ORDER :
1. Writ petition is filed for issuance of a writ of certiorari, calling for the records relating to the impugned order passed by the 1st respondent dated 11.12.2020 and quash the same.
2. The petitioner was employed as an Assistant Director in the Department of Welfare of Differently Abled Persons. On 29.06.2019, a charge memo was issued to the petitioner under Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeals) Rules, 1955, levelling five charges. The petitioner submitted his explanation to the charge memo on 26.07.2019. The 2nd respondent appointed an enquiry officer who submitted his report on 29.08.2019. Meanwhile, on the eve of petitioners retirement from service, he was issued with a suspension order dated 29.08.2019. Thereafter vide order dated 30.08.2019, on attaining the age of superannuation, the petitioner was not allowed to retire from service. Based on the enquiry officer's report, the Director of Department of Welfare of Differently Abled persons, issued a show cause notice dated 30.09.2019, calling for the petitioner's explanation on the findings of the enquiry officer's report. The petitioner on 14.10.2019, submitted his explanation to the finding
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.
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....
Inordinate delay in disciplinary proceedings can lead to prejudice against the employee, violating principles of natural justice and warranting the setting aside of penalties.
Delay in initiating the departmental proceedings and splitting up of delinquencies into separate charge memos are fatal and illegal, respectively.
Inordinate delay in initiating departmental proceedings prejudices the charged officer unless there is a proper explanation for the delay.
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.
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
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