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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice J.SATHYA NARAYANA PRASAD
P. Guna Sekaran – Appellant
Versus
Government of Tamil Nadu Represented by Secretary, Chennai – Respondent
ORDER :
1. This writ petition is filed for issuance of a Writ of Certiorarified Mandamus, calling for the records of the First Respondent G.O.(D).No.250 Health and Family Welfare (D2) Department 28/02/2020 and proceedings of the 2nd respondent issued in Ref.No.51260/G1/10/S2 dated 30.01.2012 and quash the same and to direct the respondents herein to reinstate the petitioner in service and to grant him all consequential benefits within a limited time frame.
2. The case of the petitioner is that he was initially appointed in the year 1986 as Leprosy Inspector and posted to work at Kolachel, and after merger of the Leprosy wing with the Public Health Department, he was posted as Health Inspector, Grade-1. He was served Charge Memo by the Deputy Director of Health Services, Tirupur, under Rule 17(b) of the Tamil Nadu Civil Services (D&A) Rules in Pro.No.2932/A3/09 dated 23.07.2010, for absence from duty from 11.02.2009. Challenging the order passed by the 2nd respondent dated 30.01.2012, removing the petitioner from service, the petitioner has come forward with the present writ petition.
3. The learned counsel for the petitioner would submit that the petitioner was a attacked with cancer
Disciplinary action must consider proportionality of punishment in light of circumstances, including health issues, and proper procedure must be followed to ensure fair treatment.
Disciplinary actions must follow due process, and absence due to illness cannot be deemed willful misconduct without proper inquiry.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The court emphasized the shockingly disproportionate nature of the punishment of removal from service in the context of the respondent's prolonged absence due to mental illness, highlighting the need....
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
Disciplinary punishment must be proportionate to the offense, and dismissal for unauthorized absence is excessive compared to lesser disciplinary actions.
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