Slamming the Home Secretary for not obeying a court order fixing time limit for completion of disciplinary proceedings against a Transport Department employee, the Madras High Court has quashed the charge memo against her.
It also directed the government to consider the employee's claim for promotion as Motor Vehicles Inspector taking into account the similar benefit given to her immediate juniors. The order should be implemented in two months, Justice K.K.Sasidharan said.
The judge observed that the Home Secretary had no regard to the court directive with respect to completion of disciplinary proceedings. The proceedings continued even after the expiry of the court-prescribed time limit. Such proceedings were illegal, he said.
A writ of mandamus was a command. The authority concerned was bound to comply with the order without any reservation. Of late, it had become a fashion for some authorities to comply with court directives only after initiation of contempt proceedings. Several contempt proceedings contributed to docket explosion, the judge said.
Mr.Justice Sasidharan was allowing a petition by M.Saraswathi, a Superintendent in the RTO, Madurai (North.) She and other employees were issued a charge memo in October 23, 2008 in connection with the theft of nearly Rs.7.59 lakh from the office in July that year. She submitted her explanation.
She filed a writ petition in 2009 challenging the charge memo. It was disposed of with a direction to the disciplinary authority to conclude the proceedings in three months. This was also upheld by a Division Bench.
The authorities sought extension of time repeatedly. The court fixed end of March 2011 as the outer limit for completing the departmental proceedings. However, the proceedings continued even after the deadline.
The authorities adopted a novel procedure of filing applications for extension of time and keeping it pending and thereafter continue the proceedings, the Judge observed.
Charge memo against employee quashed as proceedings were not completed before court deadline
