IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:13.06.2011 CORAM THE HONOURABLE MR. JUSTICE T.RAJA W.P.No.17499 of 2010 and M.P.No.1 of 2010 D.Ravindran ... Petitioner Vs. The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005. ... Respondent PRAYER: Writ Petition filed under Article 226 of Constitution of India praying to issue Writ of certiorari to call for the records of the respondent relating to charge memo issued in proceedings No.service 2(2)36298/08, dated 31.05.2010 and quash the same and pass such further orders. For Petitioner :Mr.R.Ramanlal For Respondent :Mr.K.V.Dhanapalan, AGP ORDER The petitioner has filed the present writ petition challenging the charge memo issued by the respondent in his proceedings No. No.service 2(2)36298/08, dated 31.05.2010, and to quash the same. 2. Learned counsel appearing for the petitioner submitted that the petitioner was recruited in the year 1981 as Junior Assistant in the Taluk Office, Ramanathapuram. After satisfactorily serving in various places without giving any room for complaint, his name was included in the approved list of Deputy Collectors for the year 2006-2007, which shows that the petitioner has discharged his duty without any blemish and further, his name has been recommended to receive Anna Gallantry Award 2010 and he has also received letters of appreciation from his superior officers for his dedication towards his work. Whileso, he was issued with a charge memo dated 31.05.2010 by the Principal Secretary and Commissioner of Revenue Administration, Chennai, for the period when he was serving as Tahsildar in https://hcservices.ecourts.gov.in/hcservices/ Ramanathapuram Taluk, in the year 2001. The allegation mentioned in the charge memo shows that the petitioner had issued assignment of house site pattas free of cost to 40 persons without following the prescribed procedure. As the alleged delinquency related to the year 2001, he contended that, no charges can be framed against the petitioner with a delay of 10 years, since the belated charge memo is against the ratio decided by the Apex Court in the case of P.V.Mahadevan Vs. M.D.Tamil Nadu Housing Board (2005 (4) CTC 403). In assailing the impugned charge memo, he further contended that allowing the respondent to proceed further with the departmental proceedings at this long distance of time with a delay of 10 years will be a prejudicial to the petitioner. 3. In his further submission, it was contended that when this Court as well as the Apex Court have repeatedly held that the protracted disciplinary proceedings against the government employee should be avoided, not only in the interest of government employee, but also in the public interest, prolonged disciplinary proceedings against the petitioner is amounting to harassment, particularly, when the respondent issued charge memo with a delay of 10 years and as a result, he cannot recollect all those factors relating to the grant of assignment, which took place in the year 2001. Therefore, at this long distance of time, if the initiation of enquiry is allowed, this would definitely prejudice to the petitioner in defending his case properly. Moreover, he further contended that the charge memo issued after 10 years for an alleged incident took place in the year 2001, gives a clear-cut impression that the impugned charge memo was issued only to exclude his name in the approved list of District Revenue Officer. Had the respondent initiated the disciplinary proceedings even in the year 2001, the petitioner could have properly explained the entire case to the satisfaction of the respondent with all available records, but having failed to hold enquiry for about 10 years, it is not open to the respondent to issue a charge memo in the year 2010 for the allegation said to have taken place in the year 2001. Therefore, he contended that the impugned charge memo dated 31.05.2010 is per-se illegal, for the reason that the impugned charge memo has been issued after an unusual delay of 9 years. 4. Per contra, learned counsel appearing for the respondent submitted that while the petitioner was serving as Tahsildar, Ramanathapuram, he had issued more than one patta to 40 families irregularly during the period from 17.08.2001 to 01.02.2003. Further, the pattas have been issued to the non-residents of the said village and thereby, he has violated the existing orders of the Government. Therefore, the charges, under Rule 17(b) of Tamil Nadu Civil Services (Discipline & Appeal) Rules, have been framed against the petitioner in the charge memo dated 31.05.2010, hence, https://hcservices.ecourts.gov.in/hcservices/ he cannot file the present writ petition on the ground of delay, instead of facing the enquiry proceedings to prove his innocence. Though the incident related to the year 2001, the complaints against him have been enquired into by the appropriate authority and after thorough investigation, the said authority submitted its report to the Government and thereafter, the Government have ordered for departmental action against the petitioner and one another person. Therefore, the delay is neither wilful nor wanton. Further, it was argued that the delay would not wipe off the omissions and commissions committed by the petitioner, hence, he cannot absolve the responsibility by shifting the blame on the administration on the ground of delay. Therefore, he further pleaded that the post of District Revenue Officer is a selection post, for which he has to maintain a crystal clear and unblemished record and on that basis, he pleaded for dismissal of the present writ petition. 5. Heard the learned counsel appearing on either side and perused the materials available on record. 6. Though the petitioner was recruited in the year 1981 as a Junior Assistant in the Taluk Office, Ramanathapuram, he was found suitable to be promoted to the post of Deputy Collector in the year 2006-2007 and thereafter, he has been serving as District Supply Officer at Namakkal. The records produced before this Court indicate that the respondent, on seeing the performance in the post of District Supply Officer, has recommended him to receive Anna Gallantry Award 2010. In the meanwhile, he was also served with a charge memo in Ser.No.2(2)36298/08, dated 31.05.2010, by the respondent, in and by which, it was alleged that the petitioner had issued assignment of house site pattas free of cost to 40 persons without following the prescribed procedure. The date of the alleged delinquency is related to the year 2001. After 2001, the petitioner was found suitable for the post of Deputy Collector and accordingly, he was also promoted as Deputy Collector and again, he was further promoted to the post of District Supply Officer. Whileso, after an inordinate delay of 9 years, the petitioner was directed to appear for departmental enquiry in the year 2010. Therefore, it has to be seen whether the lapse of 9 years in issuing the charge memo in the year 2010 for the alleged incident took place in the year 2001, is arbitrary or reasonable, that too, when the petitioner is aspiring for promotion to the post of District Revenue Officer and also when he has completed 30 years of service. 7. When the petitioner had issued house site pattas free of cost to 40 persons without following the prescribed procedure under the Revenue Standing Orders, in the year 2001, the respondent department should have then and there initiated necessary departmental proceedings against the petitioner and if he was found https://hcservices.ecourts.gov.in/hcservices/ guilty of the proven charges, then, undoubtedly, he should have been visited with suitable punishment in the year 2001 or 2002. But, the department has kept quite almost for 9 years. In the meanwhile, the name of the petitioner was also inducted in the approved list for the post of Deputy Collectors and subsequently, he was further promoted to the post of District Supply Officer and posted at Namakkal. Now, when the petitioner is aspiring for promotion to the post of District Revenue Officer, he has been directed to participate in the departmental proceedings, by issuing the present charge memo dated 31.05.2010. 8. Further, the counter filed by the respondent does not disclose why there has been an inordinate delay of 9 years for initiating the disciplinary proceedings against the petitioner for the alleged incident that took place in the year 2001. The only reason given by the respondent in their counter was that the Government have examined the allegation against the petitioner and after examination, the Government have ordered for departmental action against the petitioner and one another person and it was also stated that before submission of the report, more than 50 witnesses have been enquired by the appropriate authority into the allegations levelled against the petitioner and others, therefore, the respondent could not proceed against the petitioner, does not find force, in the light of the ratio laid down by the Apex Court in P.V.Mahadevan's case (cited supra). The Apex Court in the said judgment held as follows:- "The protracted disciplinary enquiry against a government employee should, therefore be avoided not only in the interest of the government employee but in public interest and also in the interests of inspiring confidence in the minds of the government employees. At this stage, it is necessary to draw the curtain and to put an end to the enquiry. The appellant had already suffered enough and more on account of the disciplinary proceedings. As a matter of fact, the mental agony and sufferings of the appellant due to the protracted disciplinary proceedings would be much more than the punishment. For the mistakes committed by department in the procedure for initiating the disciplinary proceedings, the appellant should not be made to suffer. 15. We therefore, have no hesitation to quash the charge issued against the appellant. The appeal is allowed. The appellant will be entitled to all the retiral benefits in accordance with law. The retiral benefits shall be disbursed within three months from this date. No cost" 9. In the cases on hand, the delay of 9 years in issuing charge memo has to be analysed, as to whether the ratio laid down by the Apex Court in the above said judgment would apply to the https://hcservices.ecourts.gov.in/hcservices/ present case. When the Hon'ble Apex Court has quashed the enquiry on the ground that 9 years of unexplained delay has vitiated the enquiry and held that the High Court ought to have interfered in that matter, I am also of the considered view that in the present case, since the respondent has not initiated disciplinary proceedings against the petitioner in appropriate time i.e., in the year 2001 or immediately, thereafter, the issuance of charge memo in the year 2010 with a delay of 9 years, as held by the Apex Court, an unexplained delay of 9 years in issuing the charge memo would vitiate the enquiry and cause grave prejudice to the delinquent. Therefore, the protracted disciplinary proceedings and long delay in issuing charge memo itself being a harassment, I am of the considered opinion that the impugned order deserves to be set aside and accordingly, the same is set aside. In result, the writ petition is allowed. No Costs. rkm Sd/- Asst. Registrar //True Copy// Sub Asst. Registrar To The Principal Secretary and Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai - 600 005. + 1 cc to Mr. R. Ramanlal, Advocate SR No.33867 + 1 cc to Government Pleader, SR No.34278 W.P.No.17499/2010 LA(CO) SR/10.8.2011 https://hcservices.ecourts.gov.in/hcservices/