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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.ARUL MURUGAN
D. Manoharan – Appellant
Versus
Principal Secretary to Government Higher Education Department, Chennai – Respondent
| Table of Content |
|---|
| 1. court's observation on service records (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18) |
| 2. court's observation on re-employment (Para 19 , 20) |
| 3. court's reasoning on disciplinary proceedings (Para 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31 , 32 , 33) |
| 4. court's ruling on the writ petition (Para 34) |
ORDER :
1. This writ petition is filed challenging the order of the second respondent dated 03.08.2010 and seeking a consequential direction to release all the pensionary benefits to the petitioner.
2. The petitioner was appointed as an Assistant Professor (Economics) by the order of the second respondent dated 23.11.1982 and he joined in the third respondent college on 02.12.1982. His services were regularized with effect from 16.12.1988. Pursuant to the declaration of probation effective from 15.12.1990 and based on the order of the second respondent dated 21.09.1996, the petitioner's post was re-designated from Assistant Professor (Senior Scale) to Associate Professor in the year 2006.
3. As per the service register, the petitioner's date of birth is recorded as07.07.1952, and he was scheduled to retire from service on 31.07.2010
Disciplinary proceedings must be initiated before retirement to continue post-retirement; unilateral alteration of service records without notice violates natural justice.
Exercise jurisdiction under Article 226 of Constitution of India, as far as justiciability of order of penalty is concerned - Order of penalty so confirmed by appellate authority and prayers made in ....
Disciplinary proceedings against a superannuated employee can continue if initiated during service, provided due process is followed, and penalties must be proportionate to the misconduct.
Departmental proceedings against a retired employee cannot be initiated more than four years after the relevant event, as per Rule 7(2)(b)(ii) of OCS (Pension) Rules, 1992.
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