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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
N. Ulaganathan (Died) – Appellant
Versus
Chief Executive Officer, Tamil Nadu Khadi and Village Industries Board – Respondent
ORDER :
1. The challenge in this Writ Petition is to the order dated 02.03.2010 bearing Na.Ka.No.17526/E-4(1)/05 passed by the first respondent, and the order dated 16.08.2011 passed by the Tamil Nadu Khadi and Village Industries Board, Kuralagam, Chennai, as communicated by the Deputy Director (in charge) of the Board. By the said orders, the petitioner, while serving as a Khadi Inspector in the Thuraiyur Carpentry and Blacksmith Workers Industrial Co-operative Society, was removed from service.
2. The petitioner, while serving as a Khadi Inspector, was issued with a charge memo dated 27.05.1996, alleging misappropriation of funds belonging to the Society as well as the Board. The petitioner submitted his explanation denying all the charges. As the explanation was found to be unsatisfactory, an Enquiry Officer was appointed to enquire into the charges. After conducting the enquiry, the Enquiry Officer submitted a report holding that all the 13 charges framed against the petitioner stood proved. Upon receipt of the enquiry report and the further explanation submitted by the petitioner, the Disciplinary Authority held that the charges were proved and passed an order removing the petit
Procedural violations in disciplinary proceedings render removal orders arbitrary and unenforceable, emphasizing the need for fair conduct in evidence presentation.
Disciplinary proceedings must adhere to principles of natural justice and require cogent evidence; failure of the authority to produce documents and examine witnesses invalidates the outcome.
The main legal point established is that departmental proceedings must adhere to a fair and reasonable procedure, including the establishment's burden to prove charges through evidence and the requir....
The Disciplinary Authority can order further enquiry only if serious defects exist in the initial enquiry; it cannot do so after a finding of exoneration.
(1) Dismissal – [Departmental charge-sheet is not a plaint that an evasive reply thereto may amount to admission – In a departmental enquiry, unless charge is admitted, burden to prove charge lies on....
The court emphasized that disciplinary actions must obey principles of natural justice, including evidence for charges and payment of subsistence allowance during suspension; non-compliance voids san....
The court ruled that failure to follow prescribed disciplinary procedures invalidates termination, emphasizing the necessity of fair process in disciplinary actions.
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