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IN THE HIGH COURT OF JUDICATURE AT MADRAS
N.SATHISH KUMAR, M.JOTHIRAMAN
State of Tamil Nadu – Appellant
Versus
K. Veluchamy – Respondent
JUDGMENT :
M. JOTHIRAMAN, J.
1. Under assail is the order passed in WP.(MD)No.14623 of 2020 dated 16.06.2023. For the sake of convenience, the parties shall be referred to as per their ranking in WA.(MD)No.670 of 2024.
2. Originally the appellant has challenged the order passed by the first respondent vide G.O.(Pa)No.64 Tourism Culture and Religious Endowments Department, dated 06.06.2020 confirming the impugned proceedings of the second respondent dated 20.07.2017 and quash the same and to direct the officials to restore the original seniority and post of the writ petitioner conferring all the promotional, monetary benefits including the back wages on par with his Seniority.
3. According to the Appellant, while he was working as Executive Officer Grade II in Arulmigu Soundhararaja Perumal Temple, Thadicombu, Dindigul District from 11.09.2012 to 21.06.2015 for the Fasli year 1421 to 1424. Consequently, he was issued with charge memo under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules comprising of 6 charges vide proceedings dated 25.01.2016. Enquiry was conducted and it was held that out of 6 charges, charges 1 to 4 and 6 were proved, 5th charge was not prov
The pendency of disciplinary proceedings initiated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules creates a statutory bar for promotion under the Tamil Nadu Governmen....
The court emphasized the importance of following disciplinary procedures and rules of natural justice, and highlighted the need for justifying punishments based on preponderance of probabilities when....
The disciplinary authority has the discretion to assess the evidence and form an opinion on the nature of the allegations, and relief sought based on assumptions regarding the framing of charges cann....
Point of law: doctrine of laches in courts of equity is not an arbitrary or technical doctrine. Where it would be practically unjust to give a remedy either because the party has, by his conduct done....
Pending disciplinary proceedings justify deferment of promotion without violating employee rights.
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