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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Mr.JUSTICE R.VIJAYAKUMAR, J
G. Chakkaravarthy – Appellant
Versus
State of Tamil Nadu, Represented by its Additional Chief Secretary to Government Home Department – Respondent
ORDER :
The present writ petition has been filed by an Assistant Commissioner of Police challenging the order of punishment imposed upon him by the first respondent vide his proceedings dated 08.08.2024 wherein the petitioner has been imposed with a punishment of stoppage of increment for three years with cumulative effect.
(A). Facts leading to the filing of this present writ petition are as follows:
2. The petitioner while he was working as an Assistant Commissioner of Police, Control Room, Madurai City was issued with a charge memo under Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules 1955 on 22.10.2021 for the alleged delinquencies committed by him while he was working as an Assistant Commissioner of Police (Law and Order) Palayamkottai, Tirunelveli City.
3. The petitioner had submitted his explanation to the charge memo on 29.08.2022. Pending enquiry, the petitioner has given a request on 19.09.2022 to examine some of the police officials and to furnish the copies of call detail records from his mobile phone. However, no orders have been passed on the above said request.
4. The petitioner had challenged the charge memo in PR.No.29 of 2021 in WP.(MD).No.13459 o
Disciplinary findings must be based on legally admissible evidence; lack of evidence warrants judicial intervention under Article 226.
Court found the disciplinary action based on flawed inquiry lacking evidence, emphasizing the need for just proceedings in stated misconduct cases.
The main legal point established in the judgment is the substantial compliance with the procedural rules and the requirement for evidence to support the charges in a departmental enquiry.
The court emphasized the importance of adhering to procedural rules and highlighted the impermissibility of relying on statements made during preliminary enquiry in disciplinary proceedings.
: Service – Punishment - once the charges levelled against the delinquent employee are proved then it is for the appointing authority to decide as to what punishment should be imposed on the delinque....
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