SEC. TO GOV. INFORMATION PUB. REL. DEP. & ORS. VERSUS JOHN MARIA JESUDOSS

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.518 OF 2015

(ARISING OUT OF SLP(C) NO.36433 OF 2013)

SEC. TO GOV. INFORMATION PUB. REL. DEP. & ORS. …APPELLANTS

VERSUS

JOHN MARIA JESUDOSS …RESPONDENT

The respondent was employed as a Junior Assistant in Government Central Press since 1988. On 15th February, 1995, the disciplinary proceedings were initiated against him alleging that he was not attending his official duties regularly, he failed to submit the personal register to the Superintendent and that he frequently applied for leave, adversely affecting the discipline of other coworkers. A second charge sheet dated 28th January, 1997, was served on him alleging interpolation in the attendance register falsely showing that he had attended the office on 10th January, 1997 and that he left the office before time unauthorisedly. After enquiry, the charge in the first charge sheet having been proved, Order dated 17th April, 1997was passed removing him from service. It was observed in the order that the appellant failed to submit any written explanation; enquiry report dated 19th March, 1996 was submitted against him; a copy whereof was sent to him on 24th April, 1996 to which he did not give any reply. On appeal, the appellate authority vide Order dated 1st September, 1997, modified the order of punishment of removal from service to reduction of pay by five stages. Thereafter, vide Order dated 1st December, 1997, the disciplinary authority passed fresh order of removal from service on the basis of second charge sheet based on the alleged misconduct on 10th January, 1997 which charge was held proved during disciplinary enquiry. It was observed that the order of removal was passed on 25th June, 1997 but the same was held in abeyance on account of pendency of appeal against Order dated 17th April, 1997. Since Order dated 17th April, 1997 had been set aside in appeal and the order of removal based on the second charge sheet, which had been kept in abeyance, was considered necessary to be issued. The said order was affirmed by the appellate authority on24th February, 1998. Against the said order, the respondent preferred O.A. No.4377 of 2001 before the Tamil Nadu Administrative Tribunal which was transferred to the High Court on abolition of the Tamil Nadu Administrative Tribunal in 2007 and was registered as Writ Petition No.4446 of 2007. Learned single Judge of the High Court allowed the said writ petition on 21st December, 2011 with back wages and all other benefits. The order of single Judge has been affirmed by the Division Bench….read more