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THE HIGH COURT OF JUDICATURE AT MADRAS
R.SUBRAMANIAN, G.ARUL MURUGAN, JJ
M.Velu – Appellant
Versus
Registrar General, High Court – Respondent
ORDER :
G.ARUL MURUGAN, J.
This Writ Petition is filed challenging the order of the second respondent dated 30.11.2023 imposing the punishment of removal from service.
2. According to the petitioner, he was originally appointed as Junior Assistant in the year 2002 and was subsequently promoted as Head Clerk, NDPS Court, Chennai on 18.04.2019. The petitioner was assigned duties as Head Clerk (Property). On several allegations, including the non-remittance of the amounts collected by the petitioner in the RBI to the tune of nearly around Rs.15,00,000/-, a charge memo came to be issued on 01.09.2022.
3. The petitioner had submitted his reply on 06.10.2022 and not satisfied with the reply, an enquiry officer was appointed. Pursuant to the enquiry, the enquiry officer submitted a report on 28.04.2023, holding that the charges as against the petitioner stood proved. The second respondent / disciplinary authority concurred with the findings of the enquiry officer and had imposed the punishment of removal from service.
4. Mr.V.Meenakshi Sundaram, learned counsel for the petitioner contended that only due to the reason of the covid pandemic, as explained by the petitioner even in the reply, the
The court upheld the disciplinary authority's decision for removal from service based on proven misappropriation, affirming the fairness of the enquiry process despite procedural challenges.
Disciplinary proceedings must adhere to procedural rules, and inconsistent penalties for similar offenses are impermissible under principles of natural justice.
Inquiring Authority shall return a finding of guilt in respect of those articles of charge to which Government servant pleads guilty.
The court emphasized the importance of integrity in the judiciary and the limited scope of judicial review in disciplinary matters.
Disciplinary actions against employees for financial misappropriation must follow due process and can only be interfered with if proven unreasonable, arbitrary, or disproportionate to the misconduct.
Judicial officers must maintain integrity and comply with court orders; serious misconduct justifies dismissal from service.
Disciplinary proceedings must adhere to principles of natural justice, including the right to a fair hearing and the requirement for oral evidence. Failure to comply renders the proceedings and resul....
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