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2025 Supreme(Online)(Mad) 72183

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR, J
R.Srinivasakannan – Appellant
Versus
The Chairman Chennai Port Trust, Rajaji Salai, Chennai – 600 001. – Respondent
W.P.No s. 21590, 22396 & 22399 of 2019 and WMP.Nos.21738 of 2019 and 7552 of 2021

Advocates:
For the Appellants/Petitioners:Mr.S.Ravidran Senior Advocate, Mr.K.V.Dhanapalan for M/s.T.Fenn Walt & Association
For R1 & R2 in W.P.Nos.22396 & 22399/2019 & R1 in W.P.No.21590/2019: Mr.S.Haja Mohideen Gisthi
For R3 & R2 in W.P.Nos.22396, 22399 & 21590/2019: Mr.Venkataswamy Babu Senior Panel Counsel

Disciplinary proceedings initiated beyond regulatory time limits and lacking jurisdiction or procedural fairness contravene established norms, warranting quash of show cause notices.

Headnote:(A) Constitution of India - Article 226 - Disciplinary proceedings against employees - Initiation beyond statutory limitation prescribed in Chennai Port Trust (Pension) Regulation, 1987 - Charges not proved by the inquiry officer - Disagreement by disciplinary authority lacking reasoned grounds - Proceedings are without jurisdiction and quashed. (Paras 44, 56, 86)

(B) Disciplinary authorities must follow procedural safeguards stipulated in the appeal regulations, and a disagreement must include brief reasons and findings. Procedural bias and lack of independent decision-making undermine validity of disciplinary actions. (Paras 12, 69)

(C) The initiation of disciplinary proceedings is premeditated due to external influences (CVC's involvement) and lacks an equitable review of the employee's actions. (Paras 64, 70)

Facts of the case:
The petitioner challenged a show cause notice proposing major penalties post-retirement, despite the resultant inquiry holding charges unproven on procedural grounds. Respondents failed to initiate within the 4-year statute from the occurrence of events that led to alleged negligence.

Findings of Court:
The respondent authority was found to lack jurisdiction to issue the show cause, leading to implications of procedural irregularity and pre-determined outcomes in the proceedings.

Issues: Key issues included the timeliness of disciplinary action initiation, authority under regulations, the validity of disagreement with the inquiry findings, and procedural fairness.

Ratio Decidendi: The court emphasized the necessity of jurisdictional authority in imposing penalties and the requirement for the disciplinary authority to provide clear reasoning when disagreeing with inquiry findings.

Result: Writ petitions allowed; impugned proceedings quashed.

Table of Content
1. disciplinary authority's role in contracting. (Para 4 , 5 , 6 , 8)
2. petitioner’s defense against charges. (Para 10 , 11 , 12)
3. due process in disciplinary actions. (Para 13 , 14 , 19)
4. jurisdiction in issuing charges. (Para 15 , 18)
5. authority's timing in initiating proceedings. (Para 24 , 30)
6. judicial review of show cause notices. (Para 36 , 38 , 39)
7. limitations on disciplinary action. (Para 41 , 42 , 43)
8. disciplinary authority's obligation to provide reasons. (Para 51 , 52)
9. competence of authority to impose penalties. (Para 56 , 57 , 58)
10. procedural fairness in administrative actions. (Para 70 , 72 , 74)
11. outcomes of improper administrative proceedings. (Para 82 , 85 , 86)

THE HONOURABLE MR. JUSTICE T.VINOD KUMAR W .P.No s . 21590, 2 2396 & 22399 of 2019 and WMP.Nos.21738 of 2019 and 7552 of 2021 W.P.No.21590 of 2019 R.Srinivasakannan ... Petitioner vs

1. The Chairman Chennai Port Trust, Rajaji Salai, Chennai – 600 001.

2. The Secretary to Government of India, Ministry of Shipping, No.1, Parliamentary Street, Parivahan Bhavan, New Delhi – 1. … Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order issued first respondent No.VI/753/2016/Vig.144 dated 03.07.2019 and to quash the same, consequently, direct the respondents to exonerate the petitioner from the charges as per the finding of the Enquiry Officer and to pass orders.

W .P.No s . 2 2396 & 22399 of 2019 I.R.Manimegalai ... Petitioner in W.P.No.22396/2019 M.D.Malliga ... Petitioner in W.P.No.22399/2019 vs.

1. The Chief Engineer, Chennai Port Trust, Rajaji Bhavan, Chennai – 600 001.

2. The Chairman Chennai Port Trust, Rajaji Salai, Chennai – 600 001.

3. The Secretary to Government of India, Ministry of Shipping, No.1, Parliamentary Street, Parivahan Bhavan, New Delhi – 1. … Respondents C ommon Prayer : Writ Petitions filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order dated 03.07.2019 passed by the second respondent bearing No.VI/753/2016/Vig and to quash the same, consequently direct the respondents to exonerate the petitioner from the charges as per the finding of the Enquiry Officer and to pass orders.

For Petitioners in all W.P.Nos. : Mr.S.Ravidran Senior Advocate Mr.K.V.Dhanapalan for M/s.T.Fenn Walt & Association For R1 & R2 in W.P.Nos.22396 & 22399/2019 & R1 in W.P.No.21590/2019 : Mr.S.Haja Mohideen Gisthi For R3 & R2 in W.P.Nos.22396, 22399 & 21590/2019 : Mr.Venkataswamy Babu Senior Panel Counsel C OMMON O RDER Since the lis involved in all the three writ petitions is one and the same, they are taken up for hearing together and are disposed of by this common order.

2. For ease of reference, the facts as stated in W.P.No.21590 of 2019 are being referred to.

3. Heard the learned Senior Counsel for the petitioner and the learned Standing Counsel for the respondents and perused the record.

4. The petitioner(s) by the present writ petition(s) challenged the show cause notice issued by the disciplinary authority, proposing to visit him with major penalty, in spite of the enquiry officer giving a specific finding that the charges levelled against him are not proved.

5. The petitioner(s) contended that while working as Chief Engineer of the first respondent, a notice inviting for tender (NIT) was issued for the work of “Deepening of Eastern Side of Dr.Ambedkar Dock Basin including along side berths of Second Container Terminal, Jawahar Dock basin, berths and maintenance dredging at Entrance Chennai Port”; that the said NIT was issued cancelling the contract awarded to M/s.Mercator Line Ltd., for the aforesaid work by invoking the Risk and Cost Clause; that the issuance of NIT in March, 2012, was for the fourth time as in response to the earlier NIT issued, on two occasions no bids were received; th

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2025 Supreme(Online)(Mad) 72183

IN THE HIGH COURT OF JUDICATURE AT MADRAST.VINOD KUMAR, JR.Srinivasakannan – AppellantVersusThe Chairman Chennai Port Trust, Rajaji Salai, Chennai – 600 001. – RespondentW.P.No s. 21590, 22396 & 22399 of 2019 and WMP.Nos.21738 of 2019 and 7552 of 2021

Disciplinary proceedings initiated beyond regulatory time limits and lacking jurisdiction or procedural fairness contravene established norms, warranting quash of show cause notices.

Cases Referred (2)

IN THE HIGH COURT OF JUDICATURE AT MADRAS
T.VINOD KUMAR, J
R.Srinivasakannan – Appellant
Versus
The Chairman Chennai Port Trust, Rajaji Salai, Chennai – 600 001. – Respondent
W.P.No s. 21590, 22396 & 22399 of 2019 and WMP.Nos.21738 of 2019 and 7552 of 2021