Back
THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, G.ARUL MURUGAN, JJ
K.Periyasamy – Appellant
Versus
Registrar General, High Court of Madras, Chennai – Respondent
ORDER :
(Order of the Court was made by G.ARUL MURUGAN, J.)
Writ petition has been filed challenging the order dated 11.01.2023 imposing punishment of reduction of time scale of pay by one stage and further to grant selection grade scale of pay to the petitioner in the post of Junior Assistant.
2. It is the case of the petitioner that he was originally appointed as an Office Assistant on 06.07.2000 and was thereafter promoted as Senior Bailiff in the cadre of Junior Assistant on 06.02.2012. Subsequently, he was appointed as a Junior Assistant with effect from 01.04.2015. As he has completed 10 years of service in the post of Junior Assistant, he is entitled to the selection grade in the post of Junior Assistant with effect from 06.02.2012. The petitioner retired from service on 31.01.2023, upon attaining the age of superannuation.
3. On the allegation that there were certain lapses while he was working as a Junior Assistant in the District Munsif Court, Senthamangalam, a charge memo was issued on 23.10.2021 under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, 1955 (hereinafter referred to as 'Rules'), framing the following two charges:
CHARGE -1.
You, Thiru.K.Pe
Disciplinary authorities have the discretion to impose penalties, but courts may modify punishments that are deemed disproportionate to the charges, ensuring they do not adversely affect pension righ....
Disciplinary action must balance accountability for misconduct with consideration of long service and potential impact on retirement benefits.
The court upheld the modification of the original penalty by the Appellate Authority, emphasizing that the punishment was not excessive or disproportionate.
Modified disciplinary punishment must retroactively apply to avoid dual penalty for the same misconduct, ensuring compliance with principles of proportionality in administrative law.
If two employees are alleged to have committed delinquency forming part of Article-III, but only one employee is proceeded and visited with a grave punishment, whereas another employee is let off, th....
Disciplinary authorities have discretion in penalties, and different outcomes for similar misconduct do not equate to discrimination if circumstances differ.
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
