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(2007) 5 MLJ 1172 (Mad)
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Present : N. Paul Vasanthakumar, J.
Case Number(s) : W.P. No. 16839 of 2006
Judgement Date :
Monday 09th of April 2007
| A. Yesoda | .....Appellant(s) | | Versus | | | Collector, Thiruvannamalai- Sambuvarayar District, Thiruvanna -malai and Another | .....Respondent(s) |
Tamil Nadu Civil Supplies (Discipline and Appeal) Rules, Rule 8(v)(a), 8(v)(iii), 17 - Tamil Nadu Financial Code, Volume I, Article 144 - Petitioner Manager Noon-Meal Programme - Shortage of stock of food grains and cement - Loss owing to certain quantity of food grains and cement getting spoilt - Disciplinary proceedings initiated - No explanation by petitioner - Charges held proved - Order for recovery of Rs. 2,00, 374 from petitioner - Charges framed by Divisional Development Officers, Cheyyar under Rule 17(a) - Penalty of stoppage of increments for 3 years without cumulative effect imposed - In appeal, direction by District Collector to initiate fresh disciplinary action under CCA Rules - Based on enquiry report, District Collector's order imposing punishment of stoppage of increment for 5 years without cumulative effect and ordering recovery of double the cost of pecuniary loss - Petitioner contention enquiry not valid, since witnesses not examined in petitioner's presence - Petitioner not given opportunity to cross-examine said witnesses - Petitioner cannot be held responsible for the spoilt items, held, in view of specific instructions issued by Government communicated to Panchayat Union Commissioner by Divisional Development Officer - Charge framed under Rule 17(b) - Mandatory to examine witnesses in presence of delinquent in full - fledged enquiry and to give opportunity to delinquent to cross examine witnesses - Enquiry not conducted in fair and proper manner - Principles of natural justice violated - Enquiry Officer's report being basis of punishment, impugned order set aside.
Ratio(s) Decidendi
"Under the procedure to be followed as per Rule 17(b) of the Tamil Nadu Civil Services (CCA) Rules, a full-fledged enquiry is to be held, by examining the witnesses in the presence of the delinquent officer giving the delinquent officer opportunity to cross-examine the witnesses. Said procedure being mandatory when the charge is framed under Rule 17(b) of the Rules and the same not having been scrupulously followed, the principles of natural justice were violated."
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