Back
IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR
A.Siluvaiprakasam – Appellant
Versus
Government of Tamil Nadu Represented by the Principal Secretary to Government – Respondent
ORDER :
T.VINOD KUMAR, J.
Heard the learned counsel for the petitioner and the learned Special Government Pleader appearing on behalf of the respondents and perused the records.
2. The case of the petitioner in brief is that he was recruited on 01.08.1983 and was due for retirement on 28.02.2015; that while in service, a charge memo dated 13.03.2011 was issued to him; that on enquiry officer submitting his report, the disciplinary authority has passed the order dated 11.11.2013 awarding him punishment; that aggrieved by the aforesaid order of punishment, he had filed an appeal before the Appellate Authority on 06.01.2014; and that the said appeal is pending for consideration.
3. Petitioner contended that while the appeal filed by him against the order of punishment dated 11.11.2013 was pending consideration, the first respondent in exercise of powers under Rule 36 of the Tamil Nadu Civil Service (Discipline and Appeal) Rules, 1955, suo moto revised the order of the disciplinary authority vide G.O. (2D) No.7 MSME [EII(2)]dated 24.02.2015; and that the respondents thereafter vide proceedings No.47549/EG4/2007 dated 26.02.2015, placed the petitioner under suspension and did not allow him
A charge memo against a retired government employee is invalid if issued beyond the four-year limitation period and is legally unsustainable if based on vague charges.
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....
Petitioner having participated in the proceedings and not contested the penalty order passed thereof, cannot now, at a much later point of time, challenge the charge sheet which resulted in the penal....
Inordinate delay in concluding disciplinary proceedings, lack of application of mind in disciplinary orders, and gravity of charges can influence the court's decision to quash orders and direct redet....
Failure to specify treatment of suspension period mandates recognition of the period as on-duty, entitling the employee to full salary.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
