A. Usman vs. State of Tamil Nadu & Others
In the present writ petition, the petitioner was charged and found guilty under Rule 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules, which led to his removal from service through an order dated 21.08.2018. The petitioner had also appealed against the decision which was subsequently rejected by the first by the appellate authority.
The petitioner challenged both orders before the Madras High Court primarily on the grounds of procedural irregularity in the conduct of the disciplinary proceedings.
After examining the original files produced by the department, the Hon’ble Court found out that the records were incomplete and there was no proof of service of any summon.
Additionally, the Court noted that the order in the appeal merely extracted the views of the Tamil Nadu Public Service Commission (TNPSC) without proper consideration of the facts established and the grounds raised in the appeal. Therefore, the Court deemed it not maintainable, in violation of Rule 23 of the Rules.
As a result of the procedural irregularities in the disciplinary proceedings, the Court set aside the order and remitted the matter back to the Disciplinary Authority with the liberty to conduct a fresh inquiry. The writ petition was partly allowed.
The due process of law under section 17-B provides for strict adherence to the due process of law.
Assisted by Adv. Naren Gautam (Associate at SBA)
