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IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
J.Gunasekar – Appellant
Versus
Director Of Government Examinations – Respondent
ORDER :
T. VINOD KUMAR, J.
Heard the learned counsel for the petitioner, learned Government Advocate for the respondents and perused the records.
2. The case of the petitioner in brief is that he was appointed as Junior Assistant in the year 1990 and promoted as Assistant in the year 1997; and was granted selection grade in the post of Assistant in the year 2007; that he was sent on deputation to work as a Ministerial Assistant to conduct the SSLC Examination in Mumbai under proceedings dated 11.03.2019; that alleging he was negligent in stopping the students from resorting to malpractice of copying in the SSLC Exam in the particular Examination Centre to which he was deputed, he was issued with a charge memo dated 10.08.2009 proposing to levy penalty under Rule 17(a) of Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 (in short “ TNCS Rules”); that on submitting explanation to the said charge memo on 03.09.2009, the respondents have altered the charge to one under Rule 17(b) vide proceedings dated 06.10.2009 granting him 21 days time to submit his explanation; that even before expiring of 21 days time granted for submitting his explanation, had appointed an Enquiry Offic
The court emphasized that a disciplinary order must provide clear reasoning; failing this, the order is unsustainable and violates principles of natural justice.
Point of Law : Service Law - Punishment of Compulsory Retirement - Illegal gratification - An order passed imposing a punishment on an employee consequent upon a disciplinary/departmental enquiry in ....
Disciplinary proceedings vitiate if an inquiry is conducted without serving proper notice to the delinquent, denying the right to cross-examine witnesses and failing to furnish a copy of the inquiry ....
In disciplinary proceedings, the authority imposing penalties must adhere to procedural fairness, including providing reasons for differing from an inquiry officer's findings and allowing the employe....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
The court emphasized that the disciplinary proceedings were conducted in accordance with the procedures under the Discipline and Appeal Rules, and the scope of judicial review was limited in this cas....
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