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2025 Supreme(Online)(Mad) 71559

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice HEMANT CHANDANGOUDAR
M.Angamuthu – Appellant
Versus
The Commissioner – Respondent

Advocates:
For the Appellants/Petitioners: T.Ranganathan
For the Respondents: V.Veluchamy, S.Gopinath

In departmental enquiries, charges cannot be proved solely on a preliminary investigation report without adducing oral or documentary evidence; disciplinary authority must apply independent mind and furnish provisional conclusions in second show-cause notice.

Headnote:(A) Constitution of India - Article 226 - Madras Corporation Services (Discipline and Appeal) Bye-Laws - Bye-Law 9(3) - Principles of Natural Justice - Departmental enquiry - Burden of proof - Disciplinary proceedings founded solely on preliminary vigilance report without independent evidence - Validity of dismissal order - Second show-cause notice must disclose provisional conclusions to enable effective response - Co-delinquents exonerated but petitioner alone punished - Enquiry officer erred in relying exclusively on preliminary report without oral or documentary evidence - Management failed to discharge burden of proof - Order of dismissal set aside as arbitrary and violative of natural justice. (Paras 9, 11, 12, 13, 15, 16)

(B) Disciplinary Authority - Duty to apply independent mind - Mere recording of charges and enquiry officer’s conclusions insufficient - Impugned order lacking independent findings vitiates proceedings. (Para 12)

Facts of the case:
The petitioner, a Conservancy Inspector, was dismissed from service following a departmental enquiry for allegedly fraudulently claiming salaries for absent workers and causing financial loss. A preliminary report by the Vigilance Officer was the basis of the charges. A joint enquiry against the petitioner and two others was conducted; the other two were exonerated while the petitioner was dismissed. The petitioner challenged the dismissal, appellate and revisional orders.

Findings of Court:
The management did not examine any witnesses or produce documentary evidence before the enquiry officer. The enquiry officer’s finding of guilt rested solely on the preliminary report, which is legally insufficient. The disciplinary authority’s order lacked independent application of mind. Furthermore, the second show-cause notice did not contain the provisional conclusion regarding penalty, depriving the petitioner of an effective opportunity to respond. The dismissal was unsustainable.

Issues: 1. Whether a departmental enquiry can sustain when no evidence is adduced and the finding is based only on a preliminary investigation report. 2. Whether the disciplinary authority’s failure to disclose provisional conclusions in the second show-cause notice vitiates the proceedings. 3. Whether differential treatment of co-delinquents indicates discrimination.

Ratio Decidendi: Charges in a disciplinary proceeding must be proved by legally acceptable evidence; a preliminary report alone cannot substitute for oral or documentary proof. The disciplinary authority must independently apply its mind and must disclose its provisional conclusions in the second show-cause notice to comply with principles of natural justice. Any infraction renders the punishment liable to be quashed.

Result: Writ Petition allowed; impugned orders dated 21.09.2013, 29.01.2014 and 12.03.2015 set aside; respondents directed to reinstate petitioner with continuity of service and 50% back wages within two months.

ORDER

The petitioner has sought for the following reliefs:

To call for the records relating to the impugned order of the first respondent dated 21.09.2013 issued in GDC No. E13/46318/2008, whereby the penalty of dismissal was imposed on the petitioner, along with the consequential orders passed by the first respondent rejecting the petitioner’s appeal vide proceedings dated 29.01.2014 (GDC No. E13/46318/2008), and the rejection of the revision petition by the second respondent dated 12.03.2015 in G.O.(D) No. 159, Municipal Administration and Water Supply Department, and to quash the same, and consequently, direct the first respondent to permit the petitioner to rejoin duty with all consequential benefits.

2. By the aforementioned orders, the petitioner was dismissed from service. While working as a Conservancy Maistry, the petitioner was issued with a charge memo, which reads as follows:

“Charge No.1: That, when he worked as Conservancy Inspector at Dn.110, Zone VII, had falsely and fraudulently claimed salaries for the absented period of Conservancy Workers for the period from 16th June 2008 to 15th July 2008 and 16th July 2008 to 10th August and made Corporation to incur financial loss of Rs.77,132/.

Charge No.2 : That he wantonly and fraudulently made the disappearance of valuable records of attendance register pertaining to the claim of salary for the period from 11.08.2008 to 08.12.2008 and prevented the verification of pay drawn, particularly for Tmt.Pollammal.

Charge No.3 : That he has violated the Rule 20 of the Madras Corporation Servants’ Conduct Bye-Laws 1983.”

3. The petitioner submitted a response to the charge memo by letter dated 20.12.2011, denying the charges. The relevant portion of the explanation reads as follows:

“Charge No.1 : Thiru.M.Angamuthu, Conservancy Inspector when he worked at Dn.110, Zone VII has falsely and fraudulently claimed salaries for the absented period of conservancy workers for the period from 16.06.2008 to 16.07.2008 and 16.07.2008 to 10.08.2008 and made the Corporation to incur financial loss of Rs.77,132/-.

When I worked as Conservancy Inspector, Dn.110, Zone VII, I have not falsely and fraudulently claimed salaries for the absent period of conservancy workers for the period from 16th June 2008 to 15th July 2008 and 16th July 2008 to 10th August and not made any loss to Corporation to incur financial loss of Rs.77,132/-.

Charge No.2 : That M.Angamuthu, Conservancy Inspector had wantonly and fraudulently made the disappearance of the valuable records of attendance register pertaining to claim of salary for the period from 11.08.2008 to 08.12.2008 and prevented the verification of pay drawn, particularly for Tmt.Pollammal.

I have no intension to hide any records, when I have not made any mistake.

Charge No.3 : That he has violated the Rule 20 of the Madras Corporation Servants’ Conduct Bye-Laws 1983.

When I have not made any irregularity, so violation of Rule 20 of the Madras Corporation Servant Conduct Bye-Laws does not arise.

The above fact may kindly be considered and request your good-self to drop the charges.”

4. The explanation submitted by the petitioner was found to be unsatisfactory. Consequently, a departmental enquiry was initiated. The Enquiry Officer, after conducting the enquiry, submitted a report holding that the charges against the petitioner were proved. Thereafter, the Disciplinary Authority issued a second show-cause notice, to which the petitioner submitted his reply. Upon considering the enquiry report and the further explanation submitted by the petitioner, the Disciplinary Authority passed an order dismissing the petitioner from service. The said order of dismissal was subsequently confirmed by both the Appellate Authority and the Revisional Authority. Aggrieved by the same, the captioned writ petition has been filed.

5. The learned counsel for the petitioner submitted that the enquiry was initiated based on a preliminary report submitted by the Vigilance Officer of the C

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2025 Supreme(Online)(Mad) 71559

IN THE HIGH COURT OF JUDICATURE AT MADRASHonourable Mr.Justice HEMANT CHANDANGOUDARM.Angamuthu – AppellantVersusThe Commissioner – Respondent

In departmental enquiries, charges cannot be proved solely on a preliminary investigation report without adducing oral or documentary evidence; disciplinary authority must apply independent mind and furnish provisional conclusions in second show-cause notice.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice HEMANT CHANDANGOUDAR
M.Angamuthu – Appellant
Versus
The Commissioner – Respondent