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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
A. Sridharamoorthy S/o D. Amirthavasagam – Appellant
Versus
Tamil Nadu Generation and Distribution Corporation Limited – Respondent
| Table of Content |
|---|
| 1. writ petition filed against disciplinary actions. (Para 1 , 2 , 3 , 4) |
| 2. petitioner's arguments against misconduct findings. (Para 5 , 6 , 7) |
| 3. analysis of evidence and grounds for disciplinary actions. (Para 8 , 9 , 10 , 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26) |
| 4. findings without cogent evidence are unsustainable. (Para 27) |
| 5. writ petition allowed; orders quashed. (Para 28 , 29 , 30) |
ORDER :
1. The captioned writ petition has been filed seeking issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the order dated 05.08.2013 passed by the third respondent / Disciplinary Authority and the order dated 20.04.2015 passed by the first respondent, and to quash the same.
2. By the impugned order dated 05.08.2013, the third respondent imposed the punishment of stoppage of the next annual increment for a period of three years at the rate of 3% of the basic pay and grade pay, with cumulative effect, including the period, if any, spent on leave. The said order passed by the third respondent was confirmed by the first respondent – Appellate Authority.
3. The petitioner, while serving as an Assistant Executive Eng
Disciplinary findings are unsustainable without cogent evidence, reflecting violations of natural justice principles, requiring independent evaluation by authorities.
The main legal point established in the judgment is the obligation of the establishment to produce witnesses and documentary evidence to prove charges in a departmental enquiry, especially in cases t....
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
In departmental enquiries, documents cannot sustain guilt without witnesses proving contents and authenticity; oral evidence must establish bribe demand and acceptance by charged officer, mere recove....
The absence of evidence in disciplinary proceedings renders any punitive action unsustainable.
Disciplinary authorities must follow the established procedure of law and judicial pronouncements in disciplinary proceedings.
Termination without adequate evidence and disregard for fair procedures violates principles of natural justice.
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