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If delinquent employee participated in enquiry proceeding, chage-sheet cannot be quashed

Raj Kumar Makkad ,
  24 September 2010       Share Bookmark

Court :
Madras High Court
Brief :
Suspension from service on the alleged ground of cheating public- Tamil Nadu Civil Services (Discipline and Appeal) Rules, 1955 - Reinstated on the basis of High Court direction on Petitioner's writ petition - Validity of charge-sheet under challenge
Citation :
S.Kumar v. Superintendent of Prisons, Central Prison & Other (Decided on 13.09.2010)

Held, as the charge against the Petitioner was very serious and cannot be brushed aside as inconsiderable. Petitioner submitted his explanation to the impugned charge-memo without any demur and also participated in the domestic enquiry. Charge memo was not issued without jurisdiction. Also there was no delay in departmental action. Petitioner was placed under suspension and continued to appear before the Criminal Court; therefore, charge-memo cannot be quashed on the ground of delay. Since enquiry officer was already nominated and the Petitioner also participated in the enquiry, the question of quashing the charge memo does not arise. Petition dismissed.

     

 
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Published in Labour & Service Law
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