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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MOHAMMED SHAFFIQ
A. Durairaj (Deceased) – Appellant
Versus
Commissioner, Tambaram Municipality – Respondent
ORDER :
1. The present Writ Petition is filed challenging the impugned order dated 06.11.2020, whereby petitioner, who was employed as a Wireman with the respondent Municipality was removed from service for unauthorized absence inter alia on the following grounds:
(a) Charge memo was defective (b) Charge memo was issued under Rule 8(1) of the Tamil Nadu Municipal Disciplinary and Appeal Rules, however punishments imposed under Rule 8(2);
(c) Charge memo issued under Rule 8(2) of the Tamil Nadu Municipal Disciplinary and Appeal Rules, however, no enquiry was conducted;
(d) The Enquiry Officer also acted as the Presenting Officer, which is impermissible;
(e) There has been an inordinate delay in completing the disciplinary proceedings;
(f) Impugned proceedings imposing punishment of removal from service had been passed without taking into account material on record, including medical certificates.
2. Petitioner was initially appointed as a Helper in the Engineering Department of Tambaram Municipality vide proceedings dated 27.01.1990, through the District Employment Office, Kanchipuram. He was regularized after completion of probation. On completion of ten years of service, he was sanctione
Admission of charges obviates the need for further inquiry in disciplinary proceedings.
Disciplinary proceedings must adhere to principles of natural justice, ensuring fair enquiry and opportunity for the accused to present their case.
The importance of following prescribed procedures and principles of natural justice in disciplinary proceedings.
While courts generally do not interfere with findings of fact in disciplinary inquiries, a penalty of dismissal for unauthorised absence is reviewable if the disciplinary authority fails to exercise ....
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