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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M.Jothiraman, J
K.Sivapirakasam – Appellant
Versus
Managing Director, Tamil Nadu State Marketing, Corporation Ltd. – Respondent
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 a
The principles of natural justice require fair opportunity and access to documents in disciplinary proceedings; disproportionate punishment may be challenged.
Disciplinary authority must furnish separate copy of inquiry report to delinquent before second show-cause notice, ensuring natural justice.
The court emphasized that disciplinary actions must obey principles of natural justice, including evidence for charges and payment of subsistence allowance during suspension; non-compliance voids san....
The dismissal of the petitioner was set aside due to procedural irregularities and violation of natural justice, entitling him to retiral benefits.
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