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2024 Supreme(Online)(MAD) 13178

HIGH COURT OF MADRAS
Hon`ble Mr Justice S.M. SUBRAMANIAM
R.Bagyalakshmi – Appellant
Versus
The Disciplinary Authority/ – Respondent


O R D E R

(Order of this Court was made by S.M.SUBRAMANIAM,J.)

This writ petition has been instituted challenging the Charge Memorandum issued under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules.

2. The petitioner was appointed as Junior Assistant in the Judicial Ministerial Services. She was promoted to the post of Grade-1 Bench Clerk. On identification of certain lapses and dereliction of duty, the learned Principal District Judge, Namakkal issued a Charge Memorandum under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules after the retirement of the writ petitioner. It is not in dispute that the petitioner was allowed to retire from the service on 29.02.2016, without prejudice to the Departmental Disciplinary proceedings initiated against the writ petitioner. Thus, we do not find any infirmity in respect of the Charges framed, which is in consonance with the Rules in force.

3. Mr.S.Subbiah, learned Senior Counsel appearing on behalf of the writ petitioner would state that the allegations are minor in nature. For routine lapses, charges cannot be framed under Rule 17(b). Thus, the Charge Memorandum is liable to be set aside. In supp

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