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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MR. JUSTICE R. SUBRAMANIAN, MR. JUSTICE G. ARUL MURUGAN, JJ
S.Kanni – Appellant
Versus
Disciplinary Authority/Hon'ble Principal District Judge – Respondent
ORDER :
G.ARUL MURUGAN, J.
This Writ Petition is filed challenging the order of the first respondent dated 30.10.2023, whereby the punishment of dismissal from service was imposed against the petitioner.
2. The petitioner was originally appointed as Night Watchman in the District Judiciary of Tiruvannamalai on 10.04.1982. In appreciation of his services, he was promoted to various positions including Peon, Record Clerk, Examiner, Junior Assistant, Assistant and Head Clerk. The petitioner had put in an unblemished service of 40 years and 7 months and was to attain superannuation on 28.02.2023.
3. However, by order dated 19.12.2022, the petitioner was placed under suspension on the ground that there was a shortfall in the amount remitted by him in the Treasury from the amount that has been collected by him as fine. The petitioner had submitted a reply on 21.12.2022 itself stating that there was a Lok Adalat and pre-sitting sessions in which, several hundred cases were disposed of and further, due to the disposal of large number of cases, it was the practice in those days for the police constables attached to the concerned police station to collect the fine amount from individual accused
Negligence without dishonest intent should not warrant dismissal; punishment must be proportionate to the misconduct.
The court established that disciplinary actions must be based on timely and substantiated allegations, and that intent to commit wrongdoing is essential for establishing misconduct in employment-rela....
The main legal point established in the judgment is that disciplinary proceedings must be based on some evidence, comply with natural justice, and ensure that the penalty is not disproportionate to t....
The principle of proportionality in disciplinary actions requires penalties to align with the severity of misconduct, particularly when mitigating circumstances and lack of prior incidents exist.
Judicial review in disciplinary matters limited; cannot substitute punishment if inquiry fair and evidence-based.
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