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M. R. SHAH, KRISHNA MURARI
Inspector of Panchayats and District Collector, Salem – Appellant
Versus
S. Arichandran – Respondent
JUDGMENT :
M.R. Shah, J.
1. Feeling aggrieved and dissatisfied with the impugned judgment and order passed by the High Court of Judicature at Madras dated 29.10.2021 in Writ Appeal No. 2735 of 2021 by which the Division Bench of the High Court has dismissed the said appeal and has confirmed the order passed by the learned Single Judge directing the appellant to reinstate the respondent – original writ petitioner into service and pay arrears payable to him, the District Collector, Salem District, Tamil Nadu has preferred the present appeal.
2. That a departmental inquiry was initiated against the respondent, who was a Panchayat Assistant, for having committed the misconduct of misappropriation of funds pertaining to Samuthram Panchayat in connivance with the erstwhile President of the said Panchayat. By order dated 25.09.2006, an order of punishment was passed against the respondent – delinquent. The order of punishment was the subject matter of Writ Petition No. 1710 of 2007 before the High Court.
2.1 By judgment and order dated 07.01.2009, the High Court allowed the said Writ Petition by quashing the order of dismissal and remanded the matter for fresh disposal observing that no inqui
In a case where it is found that enquiry is not conducted properly and/or same is in violation of principles of natural justice, in that case, Court cannot reinstate the employee as such and matter i....
The court emphasized that a major punishment cannot be imposed without a proper inquiry, reinforcing principles of natural justice and confirming the necessity of remanding such cases for procedural ....
Natural justice requires meaningful opportunity for defense in disciplinary inquiries; failure to adhere justifies annulment of punitive orders.
The judgment emphasizes the importance of specific and proven charges, adherence to procedural rules, and consideration of the petitioner's explanation in disciplinary proceedings.
(1) Punishment – Doctrine of Equality ought not to have been applied when Enquiry Officer and Disciplinary Authority held charges proved against delinquent officer – There cannot be any claim of nega....
(1) Dismissal--Standard of proof required in criminal proceedings being different from standard of proof required in departmental enquiries, same charges and evidence may lead to different results in....
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