Disciplinary cases - A Judgement.

There are several judgments which are very useful to Government employees(in disciplinary cases)

One such case is the C E O of Education department vs. The State of Tamil Nadu.

In this case the CEO was issued with a 17(b) charge memo and in the subsequent inquiry the Inquiry officer found that the charges were not proved.

But the Head of the Department did not agree with the findings of the Enquiry officer and awarded punishment.

Against this the CEO moved the High court Chennai.

The High Court allowed the appeal and set aside the order of the Head of the Department.

The reasons the High court found in favour of the CEO are

1. The Head of the Department ought to have strong reasons to disagree with the findings of the Inquiry officer.

2. The Authority should have given a personal hearing and an opportunity to the CEO before ordering punishment.

3. The reasons for the disagreement with the Inquiry officer report were not properly enunciated.

(Hon'ble Justice Dhanapalan in K.Thangamari vs. The State of Tamil Nadu - 2009 judgment)