Case Note & Summary
The case involves a Writ Appeal filed by the State of Tamil Nadu against an order of a Single Judge of the Madras High Court in WP No. 9440 of 2012 dated 24.03.2022. The respondent, Madhivanan, was an Agricultural Officer in the Department of Agriculture. He was transferred from Kattumannarkoil, Cuddalore District to Vellore. Disobeying the transfer order, he remained absent from duty from 07.11.1994 to 03.04.1996, a period of about 17 months. He approached the Tamil Nadu Administrative Tribunal challenging the transfer, but the Original Application was dismissed on 14.09.1995. Despite the dismissal, he failed to join duty and finally joined on 04.04.1996. A disciplinary proceeding was initiated under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules. The rules of natural justice were followed, and a domestic enquiry was conducted. The Government, after obtaining the opinion of the Tamil Nadu Public Service Commission, imposed the punishment of removal from service. The respondent challenged the punishment in the writ petition. The Writ Court found the punishment disproportionate and ordered reinstatement without back wages. The State appealed. The Division Bench, comprising Justice S.M. Subramaniam and Justice C. Kumarappan, allowed the appeal. The court held that the respondent's unauthorised absence for 17 months, especially after the dismissal of his challenge to the transfer and despite a medical board declaring him fit, constituted grave misconduct. The disciplinary authority had followed due procedure, and the punishment of removal was not disproportionate. The Writ Court's interference with the quantum of punishment was unjustified. The court set aside the order of the Single Judge and upheld the removal from service. The appeal was allowed, and the connected miscellaneous petition was closed.
Headnote
A) Service Law - Disciplinary Proceedings - Unauthorised Absence - Punishment of Removal - The respondent, an Agricultural Officer, remained unauthorisedly absent for about 17 months after disobeying a transfer order and despite a medical board declaring him fit. Disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules were conducted with due compliance of natural justice. The Government, after consulting the Tamil Nadu Public Service Commission, imposed the penalty of removal from service. The Writ Court held the punishment disproportionate and ordered reinstatement without back wages. On appeal, the Division Bench set aside the Writ Court's order, holding that the misconduct was grave and the punishment was not disproportionate. The appeal was allowed and the removal was upheld. (Paras 1-6)
B) Service Law - Quantum of Punishment - Judicial Review - The court reiterated that the disciplinary authority is the best judge of the quantum of punishment, and the Writ Court should not interfere unless the punishment is shockingly disproportionate. In this case, the unauthorised absence for 17 months, coupled with disobedience of transfer orders and medical advice, constituted grave misconduct warranting removal. The interference by the Writ Court was unjustified. (Paras 4-6)
Issue of Consideration
Whether the punishment of removal from service for unauthorised absence of 17 months is disproportionate, and whether the Writ Court erred in interfering with the quantum of punishment imposed by the disciplinary authority.
Final Decision
The Writ Appeal is allowed. The order dated 24.03.2022 made in WP.No. 9440 of 2012 is set aside. The punishment of removal from service imposed on the respondent is upheld. No costs. Consequently, the connected miscellaneous petition is closed.
Law Points
- Unauthorised absence constitutes grave misconduct
- Disciplinary authority's quantum of punishment not to be interfered with unless shocking
- Rule 17(b) of Tamil Nadu Civil Services (Discipline and Appeal) Rules
- Rule 18(1)&(2) of Fundamental Rules
- Rule 23(a)(ii) of Tamil Nadu Leave Rules
Case Details
WA No. 2583 of 2022 and CMP NO. 20379 OF 2022
S. M. Subramaniam, C. Kumarappan
Mr.Haja Nazirudeen, Additional Advocate General assisted by Mr.M.Rajendiran, Additional Government Pleader for Appellant(s); M/s.K. Rajkumar for Respondent(s)
1. Agricultural Production Commissioner and Secretary to Government, Agriculture Department, Secretariat, Chennai 9. 2. The Commissioner of Agriculture Department of Agriculture, Chepauk, Chennai - 600 005. 3. The Joint Director of Agriculture Agriculture Department, Cuddalore.
Madhivanan S/o. Late Govindan, No.63/176, O.S. Deen Building, West Car Street, Chidambaram, Cuddalore District.
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Nature of Litigation
Writ Appeal against order of Single Judge in WP No. 9440 of 2012, which had set aside punishment of removal from service and ordered reinstatement without back wages.
Remedy Sought
The State (appellant) sought to set aside the Single Judge's order and uphold the punishment of removal from service imposed on the respondent.
Filing Reason
The respondent remained unauthorisedly absent for about 17 months after disobeying a transfer order and despite dismissal of his challenge by the Tamil Nadu Administrative Tribunal.
Previous Decisions
The Tamil Nadu Administrative Tribunal dismissed the respondent's Original Application challenging the transfer on 14.09.1995. The disciplinary authority imposed removal from service after consulting the Tamil Nadu Public Service Commission. The Writ Court (Single Judge) set aside the punishment and ordered reinstatement without back wages.
Issues
Whether the punishment of removal from service for unauthorised absence of 17 months is disproportionate to the misconduct.
Whether the Writ Court erred in interfering with the quantum of punishment imposed by the disciplinary authority.
Submissions/Arguments
Appellant (State): The respondent intentionally remained absent after transfer, disobeyed medical board advice, and remained absent for 17 months. Disciplinary proceedings were fair and natural justice complied with. The punishment of removal is proportionate to the grave misconduct. The Writ Court ought not to have interfered.
Respondent: The punishment of removal from service is disproportionate; the rule under which it was imposed (Fundamental Rule 18(3)) was subsequently deleted. The Writ Court correctly ordered reinstatement without back wages.
Ratio Decidendi
The disciplinary authority is the best judge of the quantum of punishment, and the Writ Court should not interfere unless the punishment is shockingly disproportionate. Unauthorised absence for 17 months, especially after disobeying transfer orders and medical advice, constitutes grave misconduct warranting removal. The interference by the Writ Court was unjustified.
Judgment Excerpts
Under assail is the writ order dated 24.03.2022 passed in WP.No.9440 of 2012.
The respondent was not attending duty from 07.11.1994 to 03.04.1996.
The Writ Court found that the major punishment of removal from service is disproportionate and ordered for reinstatement without back wages.
The learned Additional Advocate General would mainly contend that the respondent intentionally remained unauthorisedly absent only after the issuance of transfer order...
Considering the gravity of the misconduct, which is grave in nature, the Government after obtaining necessary opinion from the Tamil Nadu Public Service Commission, imposed the penalty of removal from service.
Procedural History
The respondent was transferred from Kattumannarkoil to Vellore. He disobeyed the transfer order and remained absent from 07.11.1994 to 03.04.1996. He challenged the transfer before the Tamil Nadu Administrative Tribunal, which dismissed the application on 14.09.1995. Despite the dismissal, he did not join duty until 04.04.1996. Disciplinary proceedings under Rule 17(b) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules were initiated. After enquiry and consultation with the Tamil Nadu Public Service Commission, the Government imposed the punishment of removal from service. The respondent filed WP No. 9440 of 2012, which was allowed by the Single Judge on 24.03.2022, ordering reinstatement without back wages. The State filed the present Writ Appeal under Clause 15 of the Letters Patent.
Acts & Sections
- Tamil Nadu Civil Services (Discipline and Appeal) Rules: Rule 17(b)
- Fundamental Rules: Rule 18(1), Rule 18(2)
- Tamil Nadu Leave Rules: Rule 23(a)(ii)
