9911796707
|
Home
Issues: Jurisdiction to re-open disciplinary proceedings after Tribunal's order, Non-payment of retirement benefits due to pending disciplinary proceedings.
Analysis: 1. Jurisdiction to re-open disciplinary proceedings: The petitioner, a Civil Assistant Surgeon, was terminated from service based on certain allegations. The order of termination was challenged before the Tamil Nadu State Administrative Tribunal, which set aside the termination order and directed reinstatement with all benefits. However, the Government reopened the disciplinary proceedings without the Tribunal granting any liberty to do so. The High Court held that the action of the Government in restarting the enquiry was unauthorized and lacked jurisdiction as the Tribunal's order did not allow for such actions. The Court emphasized that the restart of disciplinary proceedings without proper authorization was invalid. 2. Non-payment of retirement benefits: Despite reaching the age of superannuation, the petitioner was not paid terminal benefits, monthly pension, and eligible leave salary due to pending disciplinary proceedings. The Government argued that the petitioner was not given terminal benefits due to the ongoing disciplinary process. The Court noted that since the disciplinary proceeding was restarted without obtaining liberty from the Tribunal, the petitioner should be deemed to have retired from service on the superannuation date. The Court directed the authorities to pay the retirement benefits and all service benefits to the petitioner within a specified timeframe, considering the retirement date. In conclusion, the High Court allowed the writ petition, quashed the impugned orders related to disciplinary proceedings, and directed the settlement of retirement benefits and service benefits to the petitioner within specific timelines. The Court emphasized the importance of adhering to the Tribunal's orders and ensuring that actions taken by authorities are within the scope of their jurisdiction to maintain fairness and legality in administrative processes.
|
