The principles of natural justice require fair opportunity and access to documents in disciplinary proceedings; disproportionate punishment may be challenged.

ORDER :

M. Jothiraman, J.

Under assail an order of dismissal from service, passed by the 1st respondent dated 08.02.2019.

2. It is the case of the writ petitioner that the petitioner was appointed and served as a salesman in a TASMAC outlet on 27.11.2003 on consolidated pay, in the year 2018. The petitioner made certain allegations against the higher officials in connection with illegal sales of liquor and even he made representation to the Hon'ble Chief Minister Cell having vengeance over him for the same complaint made. He was issued with a charge memo dated 29.11.2018 with false allegation against him.

2.(i). He submitted his explanation as there was no response from the third respondent for the explanation given thereafter, the third respondent issued a letter dated 06.12.2018 with some false charges and suspended him from service on the same day. In earlier charge-memo, though he had sent the explanation, there was no communication from the third respondent and also for the charge levelled against him in the memo dated 29.11.2018.

2(ii). The third respondent intimated the petitioner to attend department enquiry before the Enquiry Officer on 04.01.2019. The Enquiry Officer who was appointed on 04.01.2019 in urgency conducted enquiry on the same day and concluded the enquiry even though the petitioner denied the charges and claimed for document to defend. But he was not supplied with the documents, the copy of the Enquiry Report was furnished and explanation was also submitted by him, the third respondent was not satisfied with the explanation submitted by him and passed impugned order dismissing from service. Hence, this writ petition.

2(iii). During the pendency of the writ petition, the petitioner has preferred a statutory appeal as against the order impugned dated 08.02.2019 before the first and second respondents, the first and second respondents have dismissed the statutory appeal filed by the petitioner. Aggrieved by the same, the petitioner has chosen to file two W.M.P. (MD).Nos.17164 & 17165 of 2024 for seeking to amend the prayer to include the challenge of the orders passed by the respondents 1 and 2 and to dispense with the production of the original orders passed by the respondents 1 and 2. The above said miscellaneous petitions were allowed.

3. The learned counsel for the petitioner would submit that the order impugned is illegal, perverse and against the principles of Natural Justice. The enquiry was conducted in a hurried manner without providing reasonable opportunity to the petitioner and even not furnished the documents sought by the petitioner at the time of the enquiry to defend himself. He would submit that the third respondent is silent about the show cause notice issued dated 06.12.2018. Thereafter, suddenly second charge memo was issued to the petitioner.

4. He would submit that the charges levelled against the petitioner are not serious in nature as per “the Code of Prevention and Detection of Fraudulent Acts in Tamil Nadu State Marketing Corporation Limited – 2014” (hereinafter referred as “The Code”). The punishment must be imposed by the Authorities concerned is disproportionate to the alleged misconduct committed by the writ petitioner.

5. He would submit that the Appellate Authority was not properly considered the Enquiry Officer's report in proper perspective manner and in a manner known to law.

6. Per-contra, the learned counsel for the respondents would submit that while the petitioner was working as salesman, the Inspection Team conducted a surprise inspection on 17.11.2018 and found that the petitioner was selling Zingaro Beer 650 ml Bottle for Rs.130/-. While Maximum Retail Price was Rs.120/- and the inspection report was submitted but the petitioner was refused to sign the same at that point of time. The person who was working as a supervisor who came along with the Inspection Team made allegation against the petitioner. Based on the Inspection Report dated 17/11/2018, a show cause notice dated 2