High Court bench dismissed writ appeals by Police Department. The court quashed impugned orders below because the Disciplinary Authority failed to consider the employee's response before punishing them, a finding upheld by the Single Judge.
Intra-Court appeals dismissed without costs; connected miscellaneous petitions closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.11.2018 CORAM:
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE P.D.AUDIKESAVALU W.A.[MD]Nos.1548 and 1549 of 2018 against in W.P(MD)22635&22636 of 2017 and C.M.P.[MD]Nos.11054 to 11056 of 2018
Chennai-600 004.
Vs.
R.Manimaran : Respondent in W.A.(MD)No.1548/2018/ Petitioner in WP 22635/17 R.Kannan : Respondent in W.A.(MD)No.1549/2018/ Petitioner in WP 22636/17
COMMON PRAYER: Writ Appeals are filed under Clause 15 of Letters Patent Act against the order of Writ Court dated 26.03.2018, made in W.P.(MD)Nos.22635 and 22636 of 2017 respectively.
Prayer in WP(MD). 22635/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records on the file of the 3rd respondent in connection with the impugned order of punishment passed by him in his proceedings in PR.No.13/F1/2016 dated 11.02.2017 and the consequential impugned order on appeal passed by the 2nd Respondent in Rc.No.AP-14/A2/2017 dated 13.04.2017 and the https://hcservices.ecourts.gov.in/hcservices/ impugned Order of Review passed by the 1st Respondent in Rc.No.114554/AP II(3)/2017 dated 24.09.2017 and quash them all.
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Prayer in WP(MD). 22636/ 2017 :
Writ Petition is filed under Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorarified Mandamus to call for the records on the file of the 3rd respondent in connection with the impugned order of punishment passed by him in his proceedings in PR.No.12/F1/2016 dated 11.02.2017 and the consequential impugned order on appeal passed by the 2nd Respondent in Rc.No.AP-13/A2/2017 dated 13.04.2017 and the impugned Order of Review passed by the 1st Respondent in Rc.No.114553/AP II(3)/2017 dated 24.09.2017 and quash them all.
For Appellants : Mr.A.K.Baskarapandian, in both W.As. Special Government Pleader For Respondent : Mr.G.Thalaimutharasu in both W.As.
**C O M M O N J U D G M E N T *************
[ Judgment of the Court was delivered by K.K.SASIDHARAN, J.]
The appellants initiated disciplinary proceedings against the respondent in the respective intra-Court appeals (hereinafter referred to as "the delinquents"). The Enquiry Officer submitted a report absolving the delinquents. The disciplinary authority was not prepared to accept the report. The disciplinary authority, therefore, prepared a dissenting note and called upon the delinquents to submit response. Thereafter, without even considering the response, the disciplinary authority passed the orders punishing the employees. The orders were upheld by the appellate authority and the authority empowered for review. The Writ Petitions filed by the delinquents were allowed by the learned Single Judge, by order dated 26 March, 2018. The common order is under challenge at the instance of the Police Department.
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Sd/-
Assistant Registrar(CS-II)
/True Copy/
Sub Assistant Registrar(CS-II)
To
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SML
KM/SV/SAR2/17.12.2018/4P/7C
Common Judgment made in W.A.[MD]Nos.1548 and 1549 of 2018 Dated: 19.11.2018
2 issues framed by the court
Whether intra-court appeals against High Court order upholding disciplinary punishment were maintainable when the lower court found non-application of mind.
Whether the disciplinary authority failed to apply its mind to the employee's response before confirming punishment.
Director General of Police
R.Manimaran
R.Kannan
K.K.SASIDHARAN
P.D.AUDIKESAVALU
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
