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Judgment
K.N. Basha, J.—The petitioner has come forward with this petition seeking for the relief of the issuance of a writ of certiorarified mandamus
to call for the records relating to the impugned order, dated 16.04.2009 in Ref. No. T2/44538/2007, passed by the first respondent, quash the
same and consequently direct the respondents to grant all incremental and promotional benefits to the petitioner as per his existing seniority within
such time to be fixed by this Court.
The case of the petitioner is that the petitioner was working as a Forest Ranger of the Boothapandy Forest Range, as he has joined the said post
in the year 1981 and he is having an unblemished record of service. On 18.05.2007, on the basis of a routine inspection conducted by the District
Inspection Cell Officer, Tirunelveli, Thoothukudi, and Kanyakumari Districts, at Tirunelveli, in the Boothapandy Forest Range at Aralvoimozhi, a
proceeding dated 18.05.2007 was prepared and served on the petitioner on the spot. The petitioner submitted his explanation dated 23.06.2007
narrating all the actual facts, details, etc., in respect of the day-today affairs, maintenance of the records and particulars of work. The second
respondent has not considered the explanation and rectification report, dated 23.06.2007 and issued a charge memo dated 25.02.2008 under
Rule 17(b) of the Tamil Nadu Civil Services (Classification Control and Appeal Rules). The said charge memo was received by the petitioner on
10.03.2008. Ten charges were framed against the petitioner and the said charge memo dated 25.02.2008 was issued by the second respondent.
The petitioner states that the said charges are flimsy, untenable and baseless and contrary to the facts. The rectification report/explanation
submitted by the petitioner dated 23.06.2007 was not considered and even referred by the second respondent while issuing the charge sheet.
Thereafter the petitioner sent a letter dated 12.03.2008 seeking for the furnishing of copies of all the documents mentioned under Annexure No.
3 and also copies of statements of the alleged witnesses as per the list mentioned in Annexure No. 4 of the said charge memo, but the second
respondent supplied only the copy of the Inspection Report dated 18.05.2007 and stated that the material document Nos. 2 to 5 can be perused
only after the same are received from the office of the Vigilance and Anti Corruption Department. Therefore, the District Forest Officer, has
framed charges without even going through any supportive documents or statement of witnesses.
The petitioner also sent a representation by Registered Post on 30.06.2008 stating that the charges are baseless, illegal and arbitrary and no
action taken on such representation. Meanwhile, the respondents were proceeding with the finalisation of the promotion list ignoring the seniority of
the petitioner and the right of the petitioner to have the promotional benefit. The petitioner filed a writ petition in W.P. No. 18528 of 2008 seeking
a direction directing the first respondent to pass orders on the representation dated 21.06.2008 made by the petitioner to the first respondent
seeking to call for the records relating to the proceedings dated 25.02.2008 in Reference Memo No. Pa2/8085/2004 of the second respondent
and for setting-aside the same within the time to be fixed by this Court and consequently direct the first respondent to grant promotional benefits to
the petitioner as per the seniority list on merits.
This Court, considering the submissions of both sides, passed an order dated 05.08.2008 directing the first respondent to pass orders on the
representation of the petitioner dated 21.06.2008 seeking to revoke the charge memo on merits on or before 29.08.2008. The petitioner also
produced the said order before the respondents, but the respondents did not pass any order on the representation in compliance of the orders
passed by this Court dated 05.08.2008 within the stipulated period.
Learned Counsel for the petitioner submits that the inaction on the part of the first respondent to pass orders on the representation dated
21.06.2008 within the stipulated period as per the direction of this Court would amount to willful disobedience of the orders passed by this Court.
He submits that the petitioner also preferred a writ petition in W.P. No. 21776 of 2008 seeking to quash the impugned proceedings dated
25.02.2008, Ref Memo No. Pa2/8085/2007 of the second respondent and consequently directing to grant all promotional benefits as per his
existing seniority within the time frame and this Court passed an order dated 11.09.2008 directing the respondents to pass final orders on the
charge memo dated 25.02.2008 on or before 31.12.2008. The said order was passed by consent of both the parties and it is also made clear in
the said order that the petitioner shall be furnished with all copies of the documents enabling the petitioner to participate in the enquiry effectively; it
is also made clear by the order of this Court that if no final order is passed on or before 31.12.2008, the charges shall be treated as dropped.
Inspite of the said order passed by this Court, the respondents have not passed any orders within the time stipulated by this Court and only on
16.04.2009 and the first respondent has passed the impugned order awarding punishment of stopping of increment for a period of one year with
cumulative effect.
Learned Counsel for the petitioner mainly contended that the first respondent has not complied with the direction given by this Court in the order
passed in W.P. No. 21776 of 2008 dated 11.09.2008 within the time stipulated by this Court to the effect that is on or before 31.12.2008. It is
further contended by the learned Counsel that as this Court has specifically observed in the order dated 11.09.2008 to the effect that in the event
of the first respondent not passing the final order on or before 31.12.2008, the charges levelled against the petitioner shall be treated to be
dropped and as such the impugned order passed by the first respondent dated 16.04.2008 is unsustainable in law in view of the order of this
Court. In support of his aforesaid contentions, he based reliance on an unreported decision of this Court in W.P. Nos. 31317 of 2004, etc.,
batch., dated 12.12.2008.
Per contra, the learned Special Government Pleader (Forest) contended that the respondents also filed a petition seeking for the relief of
extension of time for passing the final order on 23.12.2008 but the same was not listed. It is further submitted by the learned Special Government
Pleader that ultimately that petition was listed before the learned Judge in the month of June 2009, but thereafter due to certain discrepancies found
in the numbering of the petition, the matter was referred to the Registry for enquiry. The learned Government Advocate further contended that
there is no deliberate disobedience on the part of the first respondent for not passing the final order within the stipulated time as per the direction of
this Court by order dated 11.09.2008. Therefore, it is contended that there is no illegality in passing the impugned order by the first respondent
herein awarding punishment of stopping increment for a period of one year with cumulative effect on the petitioner on 16.04.2009. Apart from the
aforesaid submissions, learned Special Government Pleader filed a detailed counter before this Court.
I have carefully considered the rival contentions put forward by the learned Counsel on either side and also perused the entire materials available
on record, including the order passed by this Court in W.P. No. 21776 of 2008 dated 11.09.2008.
The crux of the question involved in this matter is to the effect that whether the first respondent complied with the direction given by this Court
in the order dated 11.09.2008 in W.P. No. 21776 of 2008. A perusal of the order dated 11.09.2008 reveals that this Court, on the basis of the
consent of the respondents, directed the respondents to pass final orders on or before 31.12.2008. It is further made clear by this Court in the said
order that if no final order is passed by the respondents with regard to the impugned charge memo dated 25.02.2008 on or before 31.12.2008,
the charges levelled against the petitioner shall be treated to be dropped. It is better to reproduce the relevant portion of the order dated
11.09.2008 passed in W.P. No. 21776 of 2008 at paragraph 4 which reads here-under:
In the light of the said submission and having regard to the fact that the respondents have agreed to complete the enquiry and pass final orders
on or before 31.12.2008, the respondents are directed to adhere to the said time limit and pass final orders on or before 31.12.2008. Since the
longer time sought for by the respondents are now granted by this Court, it is made clear that if no final order is passed by the respondents, with
regard to the impugned charge memo dated 25.02.2008 on or before 31.12.2008, the charges levelled against the petitioner shall be treated to be
dropped.
On the basis of the above said direction given by this Court in the above said order to the effect that in the event of the respondents not passing
any order on or before 31.12.2008, the charges levelled against the petitioner on the basis of the charge memo dated 25.02.2008 shall be treated
to be dropped.
Learned Counsel for the petitioner mainly contended that the impugned order passed on 16.04.2009, long after the date fixed by this Court,
namely, 31.12.2008, is liable to be quashed. In support of such contention, the learned Counsel for the petitioner rightly placed reliance on an
unreported decision of this Court dated 12.12.2008.
Now coming to the contentions of the learned Special Government Pleader (Forest) it is seen that the respondents said to have filed a petition
in M.P. No. 4 of 2008 on 23.12.2008, seeking for the relief of extension of time stipulated by this Court in the order dated 11.09.2008, which is
prior to the date of 31.12.2008. The fact remains that till date this Court has not granted any extension of time to comply with the direction of this
Court as per its earlier order dated 11.09.2008 in W.P. No. 21776 of 2008. Though a detailed counter has also been filed before this Court by
the second respondent, there is absolutely no answer or any explanation for not passing the final order before the date fixed by this Court, namely,
31.12.2008, and on the other hand the counter affidavit reads out and out only in respect of the merits of the case.
Therefore, this Court has no hesitation to hold that the first respondent has not taken any effective steps to pass the final order on or before
31.12.2008, as directed by this Court in the order dated 11.09.2008. It is pertinent to note that the order passed by this Court on 11.09.2008
was passed as per the consent of the respondents herein agreeing to pass final order on or before 31.12.2008. This Court in an unreported order
dated 12.12.2008 passed in W.P. Nos. 31317 of 2004, etc., batch case, quashed the charge memo in a similar situation on the ground of not
issuing the charge memo within the stipulated time. As per the order of the Tribunal, in the said decision, the learned Judge placed reliance on a
Division Bench order of this Court and the order of the Hon''ble Apex Court, which reads here-under:
...Similar issue was considered by the Division Bench of this Court in W.P. No. 6135 of 2005 and by order dated 18.03.2005 this Court
dismissed the writ petition challenging the order of the Tribunal in allowing similar matter. In S.L.P.No.2103 of 1987, a similar issue was also
considered by the Hon''ble Supreme Court and it is held as follows:
The Central Administrative Tribunal, Allahabad Bench, by its order dated 01.08.1986 directed:
In the result we order that the disciplinary case against the petitioner, charge sheet for which was given to him on 22.09.1983 i.e., more than two
years back should be finalised within a period of six months and depending on the results of the same and pending dues, promotion if any and any
of the reliefs that he has asked and to which he becomes eligible may be given to him with in a month thereafter including reimbursement of
expenditure for attending the enquiry after his retirement. The administration will keep in mind the delays in payments made to him and any interest
charges that may become due on account of delayed payments for which he is not responsible may also be paid to him at the rate of 15% per
annum.
Then direction of the Tribunal in this SLP has not been stayed, and therefore, remained operative. As the steps envisaged in the order of the
Tribunal were not completed and the respondents wanted the benefit under the order of the Tribunal, the Administration was called upon to finalise
the proceedings. It is stated that on 05.05.1988 a out in the pension to the extent of 30% was recommended and the recommendation has
remained with the appropriate authorities for more than a year and three months to be dealt with one way or the other. Several adjourments were
granted in this Court to get the finalisation of the proceedings and in spite of repeated adjourments to each adjourned date the Counsel for the
Union of India has been stating that the matter would soon be finalised.
When the matter is taken up today, Counsel for the Union of India still indicates that no final orders have been obtained.
We find that the Tribunal has not quantified the claims of the employee. In the circumstances, it is difficult for us to indicate what exactly are the
dues to which he has become entitled. The matter shall go back to the Tribunal for computation of the exact dues and the Tribunal is directed to do
the same within three months from today, if necessary after hearing the parties.
In view of the fact that mandatory direction of the Tribunal that the disciplinary proceedings which were then pending should be completed within
six months and more than three years and one month have passed by now and the proceedings have not been completed, we quash the
proceedings. An employee after retirement cannot be harassed by continuing a disciplinary action of this nature. The Tribunal while disposing of the
matter had taken note of the fact that the proceedings had been initiated after the retirement and more than two years had passed by then and yet it
had not been finalised. Taking that aspect into consideration, the direction to complete the proceedings within six months had been given. This
should have been sufficient warning to the administration for early disposal of the proceedings. This is why justice demands the quashing the
proceedings. There will be no order as to costs.
The decision cited supra is squarely applicable to the facts of the instant case, as in this case also, this Court directed the respondents to pass
the final order on or before 31.12.2008 and as such as per the order of this Court, the charges levelled against the petitioner pursuant to the charge
memo dated 25.02.2008 shall be treated to be dropped. Therefore, the impugned order passed on 16.04.2009 awarding punishment of stopping
increment for a period of one year with cumulative effect after the expiry of the period stipulated by this Court is unsustainable in law.
In view of the aforesaid reasons and in view of the principle laid down by this Court and as well as the Hon''ble Apex Court, this Court is
constrained to quash the impugned order dated 16.04.2009 in Ref. No. T2/44538/2007 passed by the first respondent. It is made clear that the
petitioner is entitled to the grant of all promotional benefits including the increments as per his seniority existing prior to the issue of charge memo
dated 25.02.2008. Accordingly, the respondents herein are directed to give all promotional benefits including the increments to the petitioner as
per his seniority existing prior to the issue of the charge memo dated 25.02.2008 within a period of eight (8) weeks from the date of receipt of a
copy of this order.
The writ petition is disposed of on the above terms. No costs. Consequently the connected MPs are closed.