Court : Chennai Madurai
..... disciplinary proceedings after retirement: (1) an officer or employee who is under suspension on a charge of misconduct and who attains the age of superannuation, shall be deemed to be in service even after the age of superannuation for the specific purpose of continuation and conclusion of the disciplinary ..... (4) the officer or employee against whom disciplinary proceedings has been initiated shall not receive any pay and/or allowances after the date of superannuation and also not be entitled for the payment or retirement benefits till the ..... (3) the officer or employee against whom disciplinary proceedings shall continue as if he was in service until the proceedings are concluded and final order is passed in ..... (2) the officer or employee who is under suspension shall not be eligible for any subsistence allowance for the period beyond the date ..... prays for issuance of a writ in the nature of certiorari to quash the charge memo dated 27.4.2012 issued for violating regulations 18 and 20 of the pandyan grama bank staff (officers and employees) service regulations 2010, which is punishable as per regulation 39(1)(b) of the said service regulations. 2. ..... of of the pandyan grama bank staff (officers and employees) service regulations 2010 reads as under: "45 ..... according to regulations, there is no requirement to place an employee under suspension or retain him in service to hold departmental enquiry as regulation 45 permits continuation of the proceedings after retirement or attaining the age of .....
Tag this Judgment!Court : Chennai Madurai
..... advice, and as to whether meetings of those boards, councils, committees and other bodies are open to the public, or the minutes of such meetings are accessible for public; (ix) a directory of its officers and employees; (x) the monthly remuneration received by each of its officers and employees, including the system of compensation as provided in its regulations; (xi) the budget allocated to each of its agency, indicating the particulars of all plans, proposed expenditures and reports on disbursements made; (xii ..... that access to such records is facilitated; (b) publish within one hundred and twenty days from the enactment of this act, (i) the particulars of its organisation, functions and duties; (ii) the powers and duties of its officers and employees; (iii) the procedure followed in the decision making process, including channels of supervision and accountability; (iv) the norms set by it for the discharge of its functions; (v) the rules, regulations, instructions, manuals and records ..... , held by it or under its control or used by its employees for discharging its functions; (vi) a statement of the categories of documents that are held by it or under its control; (vii) the particulars of any arrangement that exists for consultation with, or representation by, the members of the public .....
Tag this Judgment!Court : Chennai Madurai
..... when the petitioner has been issued with an order of punishment of reduction of pay to next lower stage in the scale of pay for a period of two years in terms of regulation-39(2)(b) and (iv) of pandyan grama bank (officers and employes) 2010, in terms of regulation 39(2)(b) and (vi) of pandyan grama bank (officers and employees) 2010 by the general manager on 04.10.2013, the same was also confirmed in the appeal on 27.12.2013. .....
Tag this Judgment!Court : Chennai Madurai
..... suspension order should not extend beyond three months if within this period the memorandum of charges/cherished is not served on the delinquent officer/employee; if the memorandum of charges/charge-sheet is served a reasoned order must be passed for the extension of the suspension. ..... power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for no fault of the ..... to avail further opportunity to perpetuate the alleged misconduct or to remove the impression among the members of service that dereliction of duty will pay fruits and the offending employee may get away even pending inquiry without any impediment or to provide an opportunity to the delinquent officer to scuttle the inquiry or investigation to win over the other witnesses or the delinquent having had an opportunity in office to impede the progress of the investigation or inquiry etc. ..... employee should or should not continue in his office during the period of enquiry is a matter to be assessed by the disciplinary authority concerned and ordinarily the court should not interfere with the orders of suspension unless they are passed in mala fide and without there being even a prima facie evidence on record connecting the employee ..... due to the employee's continuation in office is also a .....
Tag this Judgment!Court : Chennai Madurai
..... though the petitioner had retired from service on 31.05.2010 and the resolution was passed as early as on 25.03.2010 extending the benefit to the employees of the respondent corporation, till date the benefit due to the petitioner has not been disbursed ..... finance (pension) department dated 12.08.1996 for government servants may also be extended to the employees of all statutory boards and state public sector undertakings who are getting government scales of pay, but not to the employees who are governed by periodic wage settlement under industrial dispute act, subject to the condition that the concerned board / state public sector undertakings should not seek financial assistance from the government ..... to the said government letter, the respondent transport corporation and other similar corporations had a joint meeting on 24.06.2011 as to fix the modalities for implementing the said scheme for permitting the employees/officers to encash the unearned leave ..... a letter was written by the respondent to the government on 09.09.2011, which reads thus: the government have issued directions, vide letter first cited to implement the encashment of leave on private affairs to the manager cadre officers after getting necessary approval from board ..... is an admitted position that the encashment of unearned leave on private affairs shall be disbursed to the employees ..... are awaiting for the minutes and on receipt of the same, necessary action will be taken to implement the said benefit to the eligible officers .....
Tag this Judgment!Court : Chennai Madurai
..... with the aforesaid contentions, this court held that the additional director of sugar, who suspended the petitioner, appointed the enquiry officer and also passed the final order in the disciplinary proceedings, ignoring the request of the delinquent employee to examine mr.s.krishnamoorthy as a witness, who conducted the enquiry, therefore, violation of principles of natural justice and bias in ..... '' 6.4.therefore, the weak contention made by the learned counsel for the petitioner that the disciplinary authority cannot function as enquiry officer against the delinquent employee which will amount to denial of reasonable opportunity and violation of articles 14 and 21 and principles of natural justice, is bereft of any merit, in the light of the judgment of ..... the department, inspected the areas in the forest and also conducted enquiry, by putting questions to delinquent employee and ultimately gave a report holding the delinquent guilty of the charges, the hon'ble apex court, considering these peculiar way of conducting cases by the enquiry officer, has held that the enquiry officer himself has acted as investigator, prosecutor and judge, as such, the procedure is opposed to the ..... 1999 (iii) ctc 657, a learned single judge, while dealing with the correctness of the impugned punishment inflicted against the delinquent employee, has held that the enquiry officer being a fact finding authority and not being disciplinary authority, has no jurisdiction to propose or suggest penalty. .....
Tag this Judgment!Court : Chennai Madurai
..... at this juncture, the only contention of the petitioner is that after his wife death, when he presented the application on 08.03.2016 to the first respondent for registration of death, the officials at the first respondent office, after a period of two days, returned the same stating that the death of his wife cannot be registered on the ground territorial jurisdiction as she died at mandapam, ramnad district. ..... the jurisdiction of a municipality, panchayat; or other local authority or any other area or a combination of any two or more of them: provided that the state government may appoint in the case of a municipality, panchayat or other local authority, any officer or other employee thereof as a registrar. ..... absence of any such person, the oldest adult male person present therein during the said period; (b) in respect of births and deaths in a hospital, health center, maternity or nursing home or other like institution, the medical officer in charge or any person authorized by him in this behalf; 9. ..... executive officer, town panchayat, perungalathur, chennai [(2011) 1 mlj 1278] to contend that the registrar, while discharging his functions by acting on information on birth or death given under section 7(2) of the act, has a statutory duty to register it even if it occurred .....
Tag this Judgment!Court : Chennai Madurai
..... the tamil nadu co-operative societies rules, 1988, reads as under: "(a) no appointment by direct recruitment to any post shall be made except by calling for from the societies applications from their employees who possess the qualifications for the post and unless the government have accorded special sanction for recruitment by advertisement in dailies, by also calling for a list of eligible candidates from the employment ..... which one should be in regional language having wide circulation throughout the state:- provided that the above stipulation shall not apply--- (i)to the appointment made on compassionate grounds; (ii)for the absorption of surplus employees of other co-operative socieities; (iii)to the posts for which a recruitment bureau has been constituted under section 74 of the act or in respect of which a common cadre of service has been constituted under ..... 28.yet another aspect, to be considered by this court, is that no employee would work as office assistant without any salary, for 10 years from 1999 until 01.01.2010, when ..... law officers association and others, (1994) 2 scc 204) regularisation furthermore cannot give permanence to an employee whose ..... societies rules, 1988, deals with conditions of service of paid officers and servants of societies, and every society shall, taking into account its nature of business, volume of transaction and financial position, adopt with the prior approval of the registrar, a special by-law covering the service conditions of its employees. .....
Tag this Judgment!Court : Chennai Madurai
..... of india while fixing limitation on the period of suspension directed that, (i) the currency of a suspension order should not extend beyond three months if within this period the memorandum of charges/chargesheet is not served on the delinquent officer / employee; (ii) if the memorandum of charges / chargesheet is served a reasoned order must be passed for the extension of the suspension. ..... given some guidelines in the matter of revocation of suspension order stating that the currency of suspension should not extend beyond three months, if within this period the memorandum of charges / chargesheet is not served on the delinquent officer/employee; if the memorandm of charges / chargesheet is served, a reasoned order must be passed for the extension of suspension. .....
Tag this Judgment!Court : Chennai Madurai
..... suspension order should not extend beyond three months if within this period the memorandum of charges/cherished is not served on the delinquent officer/employee; if the memorandum of charges/chargesheet is served a reasoned order must be passed for the extension of the suspension. ..... power conferred upon them by the provisions of article 21 of the general clauses act, 1897 and while exercising such a power, the authority can consider the case of an employee for revoking the suspension order, if satisfied that the criminal case pending would be concluded after an unusual delay for no fault of the ..... to avail further opportunity to perpetuate the alleged misconduct or to remove the impression among the members of service that dereliction of duty will pay fruits and the offending employee may get away even pending inquiry without any impediment or to provide an opportunity to the delinquent officer to scuttle the inquiry or investigation to win over the other witnesses or the delinquent having had an opportunity in office to impede the progress of the investigation or inquiry etc. ..... employee should or should not continue in his office during the period of enquiry is a matter to be assessed by the disciplinary authority concerned and ordinarily the court should not interfere with the orders of suspension unless they are passed in mala fide and without there being even a prima facie evidence on record connecting the employee ..... due to the employee's continuation in office is also a .....
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