Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Online)(Mad) 71961

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice HEMANT CHANDANGOUDAR
B.Mangala – Appellant
Versus
The Principal Secretary – Respondent

Advocates:
For the Appellants/Petitioners: V. Subramanian
For the Respondents: R.L. Karthika

A disciplinary order based on vague charges without examining witnesses, and where the Enquiry Officer also acts as Disciplinary Authority, violates Rule 17(b)(1) of the Tamil Nadu Civil Services Rules and principles of natural justice.

Headnote:(A) Constitution of India - Article 226 and Article 311(2) - Tamil Nadu Civil Services (Discipline and Appeal) Rules - Rule 17(b)(1) - Service law - Departmental enquiry - Validity of punishment - Requirement of specific charges, examination of witnesses, and opportunity of hearing - Enquiry Officer cannot act as Disciplinary Authority - Non-compliance vitiates punishment. (Paras 10-18)

(B) Departmental enquiry - Charges must be definite and accompanied by statement of allegations - Even if employee does not participate, oral evidence must be recorded for unadmitted charges - Witnesses must be examined and employee has right to cross-examine - Failure to do so violates Rule 17(b)(1) and principles of natural justice. (Paras 12-16)

Facts of the case:
The petitioner, a Village Health Nurse, was issued a charge memo with three vague charges including threatening workers and not performing duties. After an ex parte enquiry, she was removed. That order was set aside on bias ground and remanded. Fresh enquiry was conducted by the third respondent, who also acted as Disciplinary Authority. The enquiry report stated that the petitioner did not cooperate and did not appear. The Disciplinary Authority then passed an order of removal, which was modified to compulsory retirement by the Revisional Authority. The petitioner challenged this order.

Findings of Court:
The Court found that the charges were vague and not definite. No witnesses were examined to substantiate the allegations. The enquiry report only noted non-cooperation. The Enquiry Officer and Disciplinary Authority were the same person, violating principles. The punishment was based on non-cooperation, not on proof of charges. This was contrary to Rule 17(b)(1) which mandates that charges must be proved by evidence even if the employee does not participate. The order was also violative of Article 311(2). Hence, the impugned order was set aside.

Issues: Whether the disciplinary proceedings and punishment were valid given the vagueness of charges and failure to examine witnesses? Whether the same officer acting as Enquiry Officer and Disciplinary Authority vitiated the proceedings?

Ratio Decidendi: The Court held that Rule 17(b)(1) requires specific charges, opportunity to defend, and proof of unadmitted charges through oral evidence and examination of witnesses. Non-compliance renders the punishment unsustainable. Also, the combination of roles of Enquiry Officer and Disciplinary Authority per se violates principles of natural justice.

Result: Writ petition allowed. Impugned order set aside. Petitioner entitled to continuity of service, pension and pensionary benefits, and 50% back wages from termination to superannuation. Compliance within four months. No costs.

ORDER

The captioned writ petition has been filed seeking the issuance of a writ of certiorarified mandamus to quash the order dated 28.07.2016 passed by the first respondent. By the said order, the first respondent, in his capacity as the Revisional Authority, modified the punishment of removal from service imposed on the petitioner to that of compulsory retirement.

2. The petitioner, while working as a Village Health Nurse, was issued a charge memo, and the charges levelled against the petitioner read as follows:

1. That the petitioner threatened the workers of Primary Health Centre through letters and through her husband.

2. That the petitioner no attending and carrying out her duties of various health welfare schemes such as (i) Dr.Muthulakshmi Reddy Scheme for pregnant wome, (ii) School health Programme, Varummun Kapoom Thittam, Health Camps, Distribution of DEC tables, weekly check up of pregnant women, etc.,

3. That the petitioner coming only on Wednesday to attend the disease prevention programmes and not coming on other days.

3. The explanation offered by the petitioner was not found satisfactory, and as the petitioner did not participate in the enquiry, the Enquiry Officer conducted an ex parte enquiry and held that all the three charges framed against the petitioner stood proved. The Enquiry Report was accepted by the Disciplinary Authority, and an order of removal from service was passed. The said order was challenged by the petitioner before this Court in W.P. No.11224 of 2005. In the said writ petition, the petitioner specifically pleaded that the Enquiry Officer was biased. Accepting the said plea, a Coordinate Bench of this Court, by order dated 12.10.2009, allowed the writ petition, set aside the order of removal from service, and remanded the matter to the first respondent therein to decide the bias petition and thereafter entrust the matter to the competent authority to proceed with the enquiry and complete the same within a period of three months.

4. Pursuant to the order passed by this Court, the enquiry was entrusted to the third respondent. The third respondent submitted the Enquiry Report stating that the petitioner had demonstrated carelessness in public service, disobedience to the orders of senior officials, and misconduct in the presence of colleagues. It was further observed that during the investigations conducted on 12.04.2002, 08.11.2010, and 30.12.2011, the petitioner did not appear for the enquiry on 12.04.2002, and on the enquiry dates held on 08.11.2010 and 30.12.2011, the petitioner left without signing the enquiry proceedings.

5. Thereafter, the third respondent, who conducted the enquiry, and the Disciplinary Authority passed an order of removal from service, against which the petitioner preferred an appeal before the Appellate Authority. However, the first respondent modified the punishment. Aggrieved by the same, the present writ petition has been filed.

6. Learned counsel for the petitioner submitted that the impugned order of punishment stands vitiated for non-compliance with Rule 17(b)(1) of the Tamil Nadu Government Servants’ Conduct (Discipline and Appeal) Rules, which mandates that before imposing any major penalty, definite charges must be framed and communicated to the delinquent employee, reasonable time must be granted to submit a written statement of defence, and the charges must be proved through evidence and witnesses.

7. In the present case, the charges framed against the petitioner are vague and not specific. The departmental enquiry was conducted without proving the charges by examining witnesses, and the order of punishment was passed solely on the ground of the petitioner’s non-appearance during the enquiry, and not on the basis of the charges framed. The learned counsel further submitted that the third respondent, who conducted the enquiry, also acted as the Disciplinary Authority and passed the order of punishment, and therefore, the impugned order is not legally sustainable. I

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2025 Supreme(Online)(Mad) 71961

IN THE HIGH COURT OF JUDICATURE AT MADRASHonourable Mr.Justice HEMANT CHANDANGOUDARB.Mangala – AppellantVersusThe Principal Secretary – Respondent

A disciplinary order based on vague charges without examining witnesses, and where the Enquiry Officer also acts as Disciplinary Authority, violates Rule 17(b)(1) of the Tamil Nadu Civil Services Rules and principles of natural justice.

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr.Justice HEMANT CHANDANGOUDAR
B.Mangala – Appellant
Versus
The Principal Secretary – Respondent