P.V. MAHADEVAN versus M.D. TAMIL NADU HOUSING BOARD

P.V. MAHADEVAN versus M.D. TAMIL NADU HOUSING BOARD

Allowing the Board to proceed further with departmental proceedings at this distance of time would be prejudicial. Protracted disciplinary enquiry causes unbearable mental agony; unexplained delay vitiates proceedings. Charge memo quashed; appellant should not suffer for department's procedural mistakes.

Source-derived case information.

Parties
Appellant: P.V. Mahadevan; Respondent: M.D., Tamil Nadu Housing Board
Jurisdiction
India
Judgment Date
08 August 2005
Procedural Posture
Civil Appeal / Appeal From Madras High Court Judgment in Writ Petition No. 7854 of 2001
Outcome
Appeal allowed
Legal Topics
Disciplinary Proceedings, Delay in Initiation, Departmental Enquiry, Mental Agony Due to Protracted Proceedings
Service Law Disciplinary Proceedings Delay in Initiation Departmental Enquiry Mental Agony Due to Protracted Proceedings

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Parties

P.V. Mahadevan

Appellant

M.D., Tamil Nadu Housing Board

Respondent

Procedural Posture

Civil Appeal / Appeal From Madras High Court Judgment in Writ Petition No. 7854 of 2001

  1. 1 Whether inordinate and unexplained delay in initiating disciplinary proceedings vitiates the departmental action against a government employee

Ratio Decidendi

Allowing the Board to proceed further with departmental proceedings at this distance of time would be prejudicial. Protracted disciplinary enquiry causes unbearable mental agony; unexplained delay vitiates proceedings. Charge memo quashed; appellant should not suffer for department's procedural mistakes.

Court Disposition

Appeal allowed

Orders

  • Charge memo issued against appellant quashed.
  • Appellant entitled to all retiral benefits in accordance with law.