High Court quashed termination of petitioner alleged to involve register irregularities without inquiry, directed disciplinary authority to conduct proper enquiry within two months citing natural justice.
Quashed impugned termination order; directed third respondent to conduct proper inquiry within two months.
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.
W.P.No.2158 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 01.08.2023
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.No.2158 of 2022 &
WMP.No.2321 of 2022
S.Naveen
... Petitioner
Vs
Prayer :- Writ Petition filed under the Article 226 of Constitution of India, to issue a Writ of Certiorari calling for the entire records in the
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proceedings No.88/2015/Thi.1 dated 01.12.2021 from the file of the third respondent, quash the same.
For Petitioner : Mr.D.Shivakumaran For Respondents : Mr.P.Balathandayutham Special Government Pleader – R1 & R2 No appearance – R3 & R4
ORDER
This Writ Petition has been filed to quash termination of the petitioner by the impugned proceedings of the third respondent in Ref.No.88/2015/Thi.1 dated 01.12.2021.
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the ground that no enquiry, whatsoever, has been conducted and the materials relied upon by the respondent has not been furnished to the petitioner.
W.P.No.2158 of 2022
of cement, before termination, proper enquiry should have been conducted. Further, no opportunity, whatsoever, has been given to the petitioner to defend the charges. Even assuming that the petitioner is working only on consolidated payment, that will not take away the opportunity of an employee to defend the charges levelled against him. If such termination is allowed to be continued, the same will cast stigma on the petitioner and the same is liable to be quashed.
01.08.2023
Index:Yes/No Neutral Citation : Yes/No vrc
W.P.No.2158 of 2022
To,
W.P.No.2158 of 2022
N.SATHISH KUMAR, J.
vrc
WP.No.2158 of 2022
01.08.2023
3 issues framed by the court
Whether termination of a temporary employee without conducting an inquiry and furnishing materials violated principles of natural justice?
Whether an opportunity to defend charges is mandatory even for employees on consolidated payment against whom minor irregularities are alleged?
Whether impugned termination proceedings should be quashed and the authority directed to conduct an inquiry with proper opportunity?
1 provisions across 1 enactments
S. Naveen
The District Collector, Collectorate, Fort Main Road, Salem
The Assistant Director, Rural Development [Audit], Salem
The Block Development officer, Panchayat Union, Ayodhiyapattinam, Salem District
Manivasagan
N. Sathish Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
