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
..... 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 .....
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
..... chapter(v)(16):the vice chancellor shall be competent to transfer any officer/employee from one institution/department/centre to another institution/department/centre maintained by the university. ..... according to him, as per section 61 (1) of the manonmaniam sundaranar university act, 1990 and chapter (v)(16),which is extracted below: ''61(1).the librarian shall be a whole time officer of the university appointed by the syndicate on the recommendation of the selection committee constituted for the purpose, for such period and on such terms and conditions as may be prescribed. ..... '' the vice chancellor has got the power to post any employee from one college to another college or from one university to another college depending upon the exigency of work. .....
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
..... withstanding anything contained in any other law for the time being in force, no order or award passed, decision or action taken or direction issued under this act by an arbitrator, a liquidator, the registrar or an officer authorised or empowered by him, the tribunal or the government or any officer subordinate to them, shall be liable to be called in question in any court and no injunction shall be granted by any court in respect of anything which is done or intended to be done by or under ..... of the industrial disputes act, it can be seen that any dispute on all matters as between the employer and employee can be decided under the industrial disputes act by referring the matter to the industrial tribunal. ..... (appeal) madras 6 and 2 others [2000 (iii) ctc 738 = 2000 (2) llj 1451] holding that section 90 of the 1983 act is not available for employees of co-operative societies against the orders of termination has been correctly decided. 8. ..... the management of madras atomic power project employees' consumers (co-operative stores limited, kalpakkam rep. ..... of the jurisdiction of the power of the labour court / industrial tribunal to deal with similar matters if disputes are raised before them by workmen or employees covered by those provisions. ..... therefore, the employees of a co-operative society can approach the registrar or any competent authority under section 153 to revise any order passed by the co-operative society relating to disciplinary action taken against him or denial of promotion .....
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
..... we, therefore, direct that the currency of a 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. ..... as in the case in hand, the government is free to transfer the concerned person to any department in any of its offices within or outside the state so as to sever any local or personal contact that he may have and which he may misuse for obstructing the investigation against him. .....
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
..... currency of a suspension order should not extend beyond three months if within this period the memorandum of charges/charge-sheet 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. ..... made it clear that the currency of a suspension order should not extend beyond three months if, within this period, the memorandum of charges/charge-sheet 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 suspension. ..... relying upon a judgment of the apex court in ajay kumar choudhary vs union of india, (2015) 7 scc 291, learned counsel states that prolonged suspension of a government employee with payment of subsistence allowance, will not only put the government servant in prejudice but also cause financial loss to the department since the department has to pay huge subsistence ..... india, (1987) 4 scc : 1987 scc (lands) 400 : (1987)5 atc 14, where this court has enunciated that the suspension of an employee is injurious to his interests and must not be continued for an unreasonably long period; that, therefore, an order of suspension should not be ..... as in the case in hand, the government is free to transfer the person concerned to any department in any of its offices within or outside the state so as to sever any local or personal contact that he may have and which he may misuse .....
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