Transport Corporation appealed against setting aside of punishment of stoppage of increment imposed on its Chief Accounts Officer after an inquiry. The Division Bench upheld the Single Judge's finding that charges were vague and the joint inquiry against three employees violated natural justice, and dismissed the appeal.
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.
WA No.66 of 2011
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.09.2024
CORAM
THE HON'BLE MR.JUSTICE S.S.SUNDAR
AND
THE HON'BLE MR.JUSTICE K.RAJASEKAR
WA No.66 of 2011
versus
2.Vimala
: Respondents
(respondents 2 to 5 substituted as legal heirs of deceased sold respondent vide order of Court dated 01.07.2024 in CMP No.12913/2024)
Prayer: Appeal filed against the order dated 03.08.2010 in WP No.18716 of 1998.
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For the Appellants : Mr.C.Gauthamaraj For the Respondents : Mr.M.A.Abdul Wahab
WA No.66 of 2011
JUDGMENT
(Made by S.S.SUNDAR, J.)
This writ appeal is directed against the order of learned Single Judge in W.P.No.18716 of 1998, dated 03.08.2010.
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WA No.66 of 2011
came to the conclusion that the charges levelled against the writ petitioner are vague and that principles of natural justice was not adhered to in the whole proceedings. Learned Single Judge has also given a definite finding that the enquiry conducted was not only irregular but also suffered from illegality for the reason that charge memos in respect of three employees were clubbed together and a joint inquiry was conducted by recording common evidence.
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WA No.66 of 2011
conducted joint inquiry in respect of three employees and submitted a joint report. Evidence let in by one of the delinquent was used against the other delinquents and similarly, witness examined as against one delinquent was used against other delinquents. Learned Single Judge is right in holding that the charges are vague and therefore, the whole inquiry is vitiated because of violation of the principles of natural justice.
the appellant Transport Corporation has impleaded the legal heirs of the deceased employee, in this appeal. In such circumstances, this Court is not inclined to interfere with the order of learned Single Judge setting aside the punishment imposed on the writ petitioner.
order as to costs. Consequently, M.P.No.1 of 2011 is closed.
(S.S.S.R., J.) (K.R.S., J.) 09.09.2024 Index : Yes/No Neutral Citation : Yes/No tar
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WA No.66 of 2011
S.S.SUNDAR, J. AND K.RAJASEKAR, J.
(tar)
WA No.66 of 2011
09.09.2024
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2 issues framed by the court
Whether the disciplinary inquiry against the employee was vitiated by vague charges and violation of natural justice due to a joint inquiry against three employees.
Whether the Transport Corporation should be given liberty to conduct a fresh inquiry.
Tamil Nadu State Transport Corporation, Madurai DN III Ltd., Nagercoil, rep. by its Chairman
The Managing Director, Tamil Nadu State Transport Corporation, Madurai DN III Ltd., Nagercoil
N.Sakthirajan (died)
Vimala
Kavitha Suresh Kumar
Shanmugapriya
S.S.Sundar
K.Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
