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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR, J
A.George Alexis (Deceased) – Appellant
Versus
Chief Engineer/Hydro Generations – Respondent
| Table of Content |
|---|
| 1. disciplinary proceedings against the petitioner (Para 2 , 3 , 4) |
| 2. assessment of proportionality of punishment (Para 5 , 6 , 7 , 8) |
| 3. modification of removal to compulsory retirement (Para 9 , 10) |
ORDER :
MUMMINENI SUDHEER KUMAR, J.
The brief facts that are relevant for disposal of this writ petition are as under:
While the 1st petitioner was working as Assistant Engineer (Electrical) in the Tamil Nadu Electricity Board in PUSHE Power house, Masinagudi, Kundah Generation Circle, TNEB, he was subjected to disciplinary proceedings by issuing charge memo dated 15.06.2004 containing three charges.
Charge No.1:
2. Thereafter, an enquiry was conducted an Enquiry Officer and all the charges held to have been proved by the Enquiry Officer. Thereafter, 2nd respondent furnished the copy of the report of a Enquiry Officer to the 1st petitioner and after receipt of further representation from the 1st petitioner, the 2nd respondent afforded opportunities on number of occasions to the 1st petitioner to appear in person and make a submission. However, the 1st petitioner failed to avail such opportunities. In view of the same, the 2nd respondent passed an order dated 24.11.2008 removi
The punishment of removal from service is shockingly disproportionate for unauthorized absence, and compulsory retirement is a more appropriate disciplinary measure, especially for long-serving emplo....
The doctrine of proportionality and the principle of judicial review in determining the quantum of punishment in cases of unauthorized absence and disobedience of orders.
Habitual unauthorised absence, failure to comply with orders, and proportionality of punishment in disciplinary actions
Unauthorized absence leading to removal from service is investigated under service law principles, where severity and proportionality of punishment are critical, independent of mental health claims u....
The court emphasized the necessity for the ultimate authority to review procedural irregularities and the proportionality of disciplinary penalties imposed on employees.
The punishment imposed must be proportionate to the gravity of the proved charges, and the court will interfere only if the punishment is shockingly disproportionate.
The petitioner was given a fair opportunity to show cause and had admitted to the charges of unauthorised absence. The delay in approaching the court after the service termination disentitled the pet....
The doctrine of proportionality in service law and administrative law was applied to determine the reasonableness of the punishment imposed.
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