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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MUMMINENI SUDHEER KUMAR
V.Mohan – Appellant
Versus
Secretary to Government, Revenue Department – Respondent
| Table of Content |
|---|
| 1. challenge to disciplinary proceedings and punishment. (Para 1 , 2 , 3) |
| 2. arguments regarding the fairness of the punishment. (Para 4 , 5) |
| 3. court's observations on evidence and procedure. (Para 6 , 7 , 9) |
| 4. burden of proof and findings of the tribunal. (Para 10 , 11 , 12) |
| 5. final decision and direction to the government. (Para 14 , 15) |
ORDER :
While the petitioner and another were working as Revenue Inspector and VAO of Panakudi Firka, Radhapuram Taluk, Tirunelveli District, the disciplinary proceedings were initiated by issuing a charge memo dated 16.12.2005 by the Tribunal for Disciplinary Proceedings (hereinafter referred as 'TDP') containing a solitary charge against the petitioner and another delinquent employee namely P.Koilraj, Village Administrative Officer. The said charge reads as under:
That while you were Working as Revenue Inspector Panagudi, (A.O.1), and you (A.O.2), were working as Village Administrative Officer, Parivirisooriyan Village, actuated by corrupt motive and in abuse of your official position and authority, initially demanded Rs.5000/- as bribe from Tr.M.Maninadar s/o. Muthiah Nadar, 36, Main Road, Thalavaipuram Village, Panagudi Post and f
The burden of proof in disciplinary proceedings lies with the employer, and findings based on insufficient evidence are unsustainable.
Court cannot decide on the quantum of punishment to be awarded. This power exclusively lies with the appointing authority.
Point of law: Admittedly no specific charges were leveled against the petitioner by means of charge-sheet on which the inquiry officer has given that findings, therefore, to that extent such findings....
The main legal point established in the judgment is the requirement for equal treatment of delinquents in disciplinary proceedings and the adverse impact of delay in concluding disciplinary actions, ....
The disciplinary authority must provide reasons for disagreement with the inquiry report, record its own findings on the charges, and provide the government servant with an opportunity to file a writ....
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