Madras High Court
A.Rajinikanth vs 3 Joint Director (Personnel) on 14 September, 2023
WP.No.10601/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 14.09.2023
CORAM
THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN
WP.No.10601/2018
A.Rajinikanth ... Petitioner
Versus
1 Secretary to Government
School Education Department 6th floor
Namakkal Kavingar Maaligai Fort st George
Secretariat Chennai-009.
2 Director of School Education
College Road Nungambakkam Chennai.
3 Joint Director (Personnel)
College Road Nungambakkam Chennai. ... Respondents
Prayer : - Writ Petition filed under Article 226 of the Constitution of
India praying for issuance of a writ of certiorari to call for the records of the
Impugned order passed by the 2nd respondent in Na.Ka.No.
42321/C4/E3/2017 dated 06.11.2017 and quash the same as being arbitrary
against the materials available on record non appreciation of the evidence
and documents in its proper perspective.
1
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WP.No.10601/2018
For Petitioner : Mr.V.Balamurugane
For Respondents : Mr.U.Baranidharan, AGP
ORDER
(1) The writ petition has been filed in the nature of a certiorari seeking
records relating to an order passed by the 2nd respondent, Director of
School Education at Chennai dated 06.11.2017 and to quash the
same.
(2) The writ petitioner was working as Assistant in the Government
Higher Secondary School, Olakkur in Tindivanam, Villupuram
District, from 21.04.2014. He was earlier working in the office of the
District Educational Officer, Tindivanam. At that time, a case was
registered against him by the District Crime Branch, Villupuram in
Crime No.74/2011 alleging that along with the other accused, the
petitioner had helped the 1st accused therein to copy during the 10th
standard public examination and complete his examination
successfully. It was therefore alleged that the petitioner and the other
accused committed offences under Sections 468, 471, 120[B], 201
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WP.No.10601/2018
read with 34 of IPC. The petitioner had been suspended from service
on 08.10.2011. A charge memo was issued on 01.02.2012. An
enquiry was conducted and during the enquiry, the charges were held
to be established by an order dated 28.01.2015. The petitioner gave a
subsequent explanation on 19.05.2015 to the Director and Joint
Director of School Education. The criminal case which had been
registered against the petitioner herein, ended in acquittal in
Crl.A.No.18/2013 in a judgment dated 24.07.2013 by the II
Additional District and Sessions Court, Tindivanam. The order of
suspension was revoked by an order of this Court in
WP.No.29013/2013 dated 25.10.2013. The petitioner was then re-
appointed to service after he had filed a contempt petition. The
petitioner had also filed WP.No.37079/2016 calling upon the
respondents to expedite the enquiry. Orders in that regard were also
passed. Thereafter, the petitioner had filed an appeal questioning the
findings of the Enquiry Officer before the 2nd respondent. The 2nd
respondent had rejected the appeal and had confirmed the order of the
3rd respondent / Disciplinary Authority of imposing the punishment of
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WP.No.10601/2018
stoppage of increments for two years without cumulative effect.
Questioning that particular order, the present writ petition has been
filed.
(3) The main ground which is urged by the learned counsel for the
petitioner is that during the enquiry, the Enquiry Officer had recorded
the statements of two witnesses. As a matter of fact, it is stated that
the witnesses were not examined in person, but their statements alone
were taken on record. The petitioner was not given any opportunity
to cross examine both the said witnesses. The petitioner had also
given a request for examining a witness on his side. That was also
not considered by the Enquiry Officer. Thereafter, when the
petitioner filed an appeal before the Appellate Authority / 2nd
respondent herein, he had again raised the same issues of procedural
violations during the enquiry, namely, denial of opportunity to cross
examine the witnesses summoned on behalf of the respondents and
also denial of opportunity to examine the witness on his side.
(4) The records reveal tht the petitioner had actually raised these issues as
grounds before the 2nd respondent, but, unfortunately, the order of the
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WP.No.10601/2018
2nd respondent which is impugned in the present writ petition, does
not reveal that the 2nd respondent had applied his mind to these
requests and had also not stated any reasons as to why opportunity
should not be granted. It is also not been stated that even grant of
opportunity would only be an empty formality. When reasons are not
stated, the order naturally suffers. The right of every delinquent
officer to cross examine a witness during enquiry is inbuilt in the
principles of natural justice.
(5) There cannot be an one-sided enquiry and opportunity should be
granted to every delinquent officer to test, through cross examination,
the statements made by witnesses with respect to the charges alleged
against him. However, every delinquent officer would also have a
right to produce witnesses. The witnesses can be rejected by the
Enquiry Officer if it is found that any statement made by them, would
be of no assistance to the enquiry and in the decision making process.
But even then, that particular reason should be stated while rejecting
that request. In the instant case, the Appellate Authority who had the
responsibility to examine the entire records and examine whether
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WP.No.10601/2018
there had been any procedural violations, had unfortunately failed in
that particular aspect. In view of this particular fact, the order
impugned, is liable to be set aside.
(6) The Disciplinary Authority had, however, imposed a punishment of
stoppage of increment for two years without cumulative effect. The
learned counsel for the petitioner stated that the said punishment had
not yet been put to effect. Let it be kept in abeyance.
(7) The matter is remitted back to the 2nd respondent, Director of School
Education, who may re-examine the entire issue, examine the records
once again and specifically find out whether the petitioner had placed
a request for opportunity to cross examine the two witnesses whose
statements had been taken on record by the Enquiry Officer and if
that opportunity had been denied, examine whether necessary reasons
have been given by the Enquiry Officer for denial of such
opportunity. The 2nd respondent may also examine whether the
petitioner had placed a request for examining any witness on his side
and also examine whether the Enquiry Officer had applied his mind to
either accepting such request or rejecting such request and whether
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WP.No.10601/2018
reasons had been given for rejection. The 2nd respondent may realise
that he, as the Appellate Authority, has, not only the responsibility to
look into the punishment aspect which has been imposed by the
Disciplinary Authority, but more importantly, also has the
responsibility to examine whether there had been procedural
violations committed by the Enquiry Officer.
(8) The Impugned Order passed by the 2nd respondent dated 06.11.2017
is set aside. The matter is remitted back to the 2nd respondent, who
may re-examine the entire issue and pass necessary orders within a
period of sixteen weeks from the date of receipt of a copy of this
order. The punishment may be kept in abeyance and while
reconsidering the entire issue, the 2nd respondent may also pass an
order relating to the punishment imposed by the Disciplinary
Authority.
(9) The writ petition stands disposed of. No costs.
14.09.2023
AP
Internet : Yes
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WP.No.10601/2018
To
1 Secretary to Government
School Education Department 6th floor
Namakkal Kavingar Maaligai Fort st George
Secretariat Chennai-009.
2 Director of School Education
College Road Nungambakkam Chennai.
3 Joint Director (Personnel)
College Road Nungambakkam Chennai.
https://www.mhc.tn.gov.in/judis
WP.No.10601/2018
C.V.KARTHIKEYAN, J.,
AP
WP.No.10601/2018
14.09.2023
https://www.mhc.tn.gov.in/judis
