Charge Memo Issued Under Rule 17(B) Of Tamil Nadu Civil Services Rule After Delay Of 14 Years Not Maintainable: Madras HC
Finding failure on the Part of the Respondents to initiate departmental proceedings against the Petitioner for an offence which dates back to the year 2002 wherein departmental proceedings were recommended back in the year 2008 against the Petitioner, the Madras High Court quashed the Charge Memo dated July 11, 2022, brought against the Petitioner for inordinate delay of 14 years.
The Single Judge Bench of Justice M.S. Ramesh observed that “when there is an inordinate delay in conducting the disciplinary proceedings, the charge memo is liable to be quashed. Thus, when the present impugned charge memo issued in the year 2022 relates to an incident that occurred in the year 2002 and a recommendation being made for initiating departmental proceedings in the inquiry report under Section 81 of the Tamil Nadu Co-operative Act, 1983, on 05.08.2008, the unexplained delay for framing of the charges cannot be condoned”.
Senior Advocate S. Sivakumar appeared for the Petitioner, whereas Additional Government Pleader R.U. Dinesh appeared for the Respondent.
The brief facts of the case were that an allegation is made against the Petitioner vide Charge Memo dated July 11, 2022, under Rule 17(b) of The Tamil Nadu Civil Services (Discipline and Appeal) rules 1955 for failure to perform duty when an accused person submitted forged document for taking a loan and it is alleged that the Petitioner was serving as Sub Inspector/Supervisor during that period. It is brought to light by the Petitioner that the incident for which the Charge Memo has been issued dates back to the year 2002 when he was not the Sub Inspector/ Supervisor since the Petitioner took charge of the post from October 25, 2004, to July 14, 2006.
After considering the submission, the Single Judge found out that a report recommending departmental proceedings against the Petitioner which dates back to August 5, 2008, under Section 81 of the Tamil Nadu Cooperative Societies Act, 1983 didn’t take place for further proceedings as the offence relates to the year 2002.
The Bench noted that the Charge Memo dated July 11, 2022, under Rule 17(b) of The Tamil Nadu Civil Services (Discipline and Appeal) Rules,1955 dates back to an offence for which allegations were brought against the Petitioner for failure to perform his duty when an accused person submitted forged documents.
As per section 81 of The Tamil Nadu Cooperative Societies Act, 1983, the Bench observed that all further proceedings were dropped however the report recommended departmental proceedings against the Petitioner back in the year 2008.
Finding that since no departmental proceeding took place in the last 14 years, the Petitioner was constrained to challenge the validity of the Charge Memo dated 11 July 2022, the High Court quashed the Charge Memo for inordinate delay to take action in a specified time.
The High Court, therefore, quashed the charge memo and directed that if ‘’Petitioners service or monitory benefits have been deprived owing to the pendency of the charges, the same shall be extended to the Petitioner”.
Cause Title: S. Munuswamy v. The Registrar of Cooperative Societies and Anr.
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