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IN THE HIGH COURT OF JUDICATURE AT MADRAS
J.SATHYA NARAYANA PRASAD, J
D. Bharathy – Appellant
Versus
Director of Rural Development and Panchayatraj Department – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned order passed by the second respondent vide proceedings Na.Ka.PA5/3500/2016 dated 28.11.2016 and further directing the respondents to give benefits inclusive of promotion.
2. The case of the petitioner is that he joined as Junior Assistant in the Mailam Panchayat Union on 27.02.1985 on compassionate appointment, on account of the sudden death of his deceased father, who served as a social welfare worker in the said department. Later his services were regularized after the completion of one year and which was declared in the year 1986. Subsequently the petitioner was promoted to the post of Assistant on 08.10.1993, later to the post of Deputy Block Development Officer on 08.07.2019 at Olakkur Panchayat Union. The petitioner is serving as Deputy Block Development Officer, Vanur Panchayat Union as on date of filing of the writ petition. A charge memo was initially issued by the first respondent along with the Block Development Officer, Manager and Accountant on 28.10.1997 vide Proceedings No.Rc.9479/97/VCII-1, the same was cancelled vide G.O.[1D]No.102, dated 27.02.2003 pursuant to the order passed by the Hon'ble Admin
The court ruled that a second charge memo, being a replica of a previously quashed memo, was invalid, emphasizing the principle of non-duplication of disciplinary charges.
The withdrawal of a charge memo does not necessarily nullify the proceedings, and pendency of disciplinary proceedings can be a valid reason for denying promotion.
The issuance of a charge memo after significant delay and without adherence to natural justice principles constitutes an abuse of process, warranting quashing of the proceedings.
Vagueness of charge memo, delay in initiation of disciplinary proceedings, impermissibility of piecemeal enquiry
The delay in serving the charge memo, the relevance of the criminal case's outcome on departmental proceedings, and the similarity of charges in the criminal and departmental proceedings are crucial ....
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