Madras High Court
T.Justin vs The Secretary on 2 February, 2023
W.A.No.1101 of 2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2023
CORAM
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.A.No.1101 of 2018
and CMP.Nos.9007 and 9008 of 2018
T.Justin ...appellant
Vs.
The Secretary,
Bar Council of Tamilnadu and Puducherry,
High Court Buildings,
Chennai 600104. ...respondent
Writ Appeal filed under Clause 15 of the Letters Patent against the
order dated 28.02.2018 in WP.No.4327 of 2018 passed by the Single Judge
of this Court.
For appellant : Ms.N.R.Jasmine Padma
For respondent : Mr.C.K.Chandrasekkar
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W.A.No.1101 of 2018
JUDGMENT
(The Judgment of the Court was delivered by R.SUBRAMANIAN, J)
Challenge in this appeal is to the order of the Writ Court dismissing
the Writ Petition filed by the petitioner challenging the order of the
Bar Council of Tamil Nadu and Puducherry dismissing him from service.
2. The Writ Court has dismissed the Writ Petition essentially on the
ground that the petitioner had not disclosed his date of appointment and he
has not shown that he is a permanent employee. The fact that the petitioner
was a permanent employee is conceded by the Bar Council of Tamil Nadu
and Puducherry. As the petitioner was a permanent employee of the Bar
Council of Tamil Nadu and Pondicherry, the Rules relating to service
conditions of the staff members of the Bar Council should be followed.
Rule 14 of the Rules Relating to Service Conditions to the Members of the
Staff of the Bar Council, which deals with the Disciplinary proceedings,
reads as follows:
“14. (a) No member of the staff of the Council shall be
removed, dismissed, reduced in rank or compulsorily retired
unless he had been given a reasonable opportunity of showing
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W.A.No.1101 of 2018
cause against the action proposed to be taken in regard to him
provided that this rule shall not apply when he is removed,
dismissed or reduced in rank on the ground of conduct which
had led to his conviction on a criminal charge.
(b) whenever an action is proposed to be taken against
any member of the staff under sub-rule (a) above, the Council
shall frame charges, enquiry into the same after giving
sufficient opportunity of the member as provided above and
the decision of the Council shall be final. Notice of the
decision of the Council and the proposed punishment to be
awarded shall be asked and to show cause why the proposed
punishment should not be given. After giving opportunity to
him to do so, the Council shall give its decision as regards the
punishment to be given and it shall be enforced accordingly.
It shall be lawful for the Council to award a punishment less
severe than that indicated in the notice.(emphasis supplied)
(c) whenever the member of the staff refuses notice or
after receipt of the notice does not offer an Explanation within
the time allowed or within such extended time as the Council
may permit, it shall be deemed that he has not explanation to
offer.
(d) pending action proposed to be taken and enquiry into
charges provided for in sub-rules (a) and (b) above the Council
may suspend a member of the staff. During the period of
suspension he shall be paid half of the basic salary. In case the
charges are not proved, or are withdrawn, he shall be entitled
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W.A.No.1101 of 2018
to the balance salary and the allowances during the period of
suspension.
(e) for the purpose of the enquiry, the Council may
delegate its powers to a sub-Committee and the report of the
sub-committee shall be duly placed before the Council for
necessary action and Chairman shall give effect to the decision
of the Council."
3. Since the order impugned in the Writ Petition did not contain the
details of the charges and the charge memo, we had required the Bar
Council to produce the records.
4. Mr.C.K.Chandrasekkar, learned counsel appearing for the Bar
Council has produced the records. We find that the petitioner has avoided
the notice issued and the suspension orders. However, unfortunately for the
Bar Council, we find total non-compliance with Rule 14(b) of the Rules,
which requires the Bar Council to frame charges and provide sufficient
opportunity to the member of the service to answer the charges and
thereafter impose a punishment.
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5. Mr.C.K.Chandrasekkar, learned counsel would submit that as per
Rule 14(c) of the Rules, if the person remains absent, the Council can
proceed in the absence of the delinquent official under Rule 14(c). Rule
14(c) will come into operation only when if Rule 14(b) is complied with.
6. We find that no charges have been framed, no charge memo has
been issued to the petitioner, which vitiates the entire proceedings.
Therefore, the Writ Appeal is allowed and the order in the Writ Petition is
set aside. The Writ Petition will stand allowed. The impugned order
imposing the punishment of dismissal from service on the petitioner will
stand set aside. The petitioner is entitled to reinstatement with all service
benefits and all attendant benefits. Liberty is given to the Bar Council to
proceed in accordance with the service rules and initiate a fresh enquiry if it
is so advised. No costs. Consequently, connected miscellaneous petitions
are closed.
(R.S.M.J.,) (S.S.K.J.,)
02.02.2023
Index : Yes / No
Speaking order: Yes/No
Note: I.T. on 10.02.2023
pvs
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W.A.No.1101 of 2018
To
The Commissioner,
Khadhi Village Industries Commission, KVIC,
No.126, Avai Shanmugam Salai,
Gopalapuram,
Chennai 600 086.
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W.A.No.1101 of 2018
R.SUBRAMANIAN, J.
and
SATHI KUMAR SUKUMARA KURUP, J.
pvs
W.A.No.1101 of 2018
02.02.2023
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