N DHANAPAL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) Whether initiation of unduly belated disciplinary proceedings, which is likely to cause prejudice to the delinquent, would be ground for quashing the disciplinary proceedings.

(2.) The petitioner has filed this writ of certiorari seeking to quash the report of the third respondent / enquiry officer dated 28.04.2016 giving a finding that the charges against the petitioner remains proved and the proceedings of the first respondent dated 25.11.2016, agreeing with the findings of the enquiry officer and to pass appropriate orders, contending that those reports are based on no evidence and based on non consideration respectively and therefore, both the report and the resultant proceedings are liable to be quashed.

(3.) The charges (9 in numbers) and the additional charges (4 in numbers) were framed against the petitioner, on 106.2013 and 07.10.2013, respectively. At that point of time, the petitioner was working as the Joint Commissioner at Sivagangai and the charges were framed under Rule 17 (b) of the Tamil Nadu Civil Servants (Discipline and Appeal) Rules.