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IN THE HIGH COURT OF JUDICATURE AT MADRAS
HEMANT CHANDANGOUDAR
S. Ganesan – Appellant
Versus
Secretary to Government, Finance (T & A) Department – Respondent
ORDER :
HEMANT CHANDANGOUDAR, J.
The challenge in this writ petition is to the order dated 20.04.2004 passed by the second respondent, whereby the petitioner was removed from service, and also to the order dated 28.02.2011 passed by the first respondent, whereby the order of removal from service was modified to one of compulsory retirement.
2. The petitioner, while serving as Accountant, Sub Treasury, Coimbatore, and Personal Superintendent, Pay and Accounts Office, Central Chennai, was issued with a charge memo dated 16.07.2001. The charge memo issued against the petitioner reads as follows:
Charge No.1
In connection with the fake bills listed in Serial No. 4 of Annexure 3, Sub-Treasury records, he failed to verify the specimen signature of the disbursing officer maintained in the office-with the signature affixed on the submitted bills. By failing to do so, he colluded with the concerned disbursing staff and facilitated the approval of fake bills.
Charge No.2
He failed to comply with the instructions issued by the Director of Treasury Accounts, listed in Serial No. 2 of Annexure 3, which were intended to prevent fraudulent disbursement and misappropriation of funds.
Charge No.3
Even thoug
Disciplinary proceedings must adhere to procedural rules, and inconsistent penalties for similar offenses are impermissible under principles of natural justice.
The court ruled that disciplinary dismissals must adhere to natural justice and have sufficient evidence, particularly when severe penalties are imposed, as seen in cases of clerical errors.
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....
Disciplinary authorities must provide reasons for disagreeing with enquiry officer findings and issue a second show cause notice before imposing punishment, adhering to principles of natural justice.
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.
Disciplinary proceedings quashed for defective charge memo without imputations, documents, witnesses; no departmental evidence or witnesses; perfunctory enquiry report lacking independent reasons and....
The main legal point established in the judgment is the limited scope of judicial review in disciplinary proceedings and the authority of the disciplinary authority as the sole judge of facts.
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