Judgments Relating To Disciplinary Cases

 W.P. No. 7922 of 2011 and M.P.No. 1 of 2011

(Madras High Court) 

S.No	Case No	Subject
1	W.P. No. 7922 of 2011 and M.P.No. 1 of 2011 (Madras High Court)	Person appointed to the post of Village Administrative Officer shall reside in the village under his charge and shall continue to reside in the village so long as he holds the post - disciplinary action may also be take simultaneously against the Superior Officers also for not supervising and enforcing their presence in the village
2	W. A. No.683 and 843 of 2007 (Madras High Court)	Next promotion eligibility only after completing the required active service and not from the date of promotion of his juniors, when there is currency of punishment.
3	W. P. No.8792 of 2006 (Madras High Court)	Past service not blemish less, punishment of compulsory retirement upheld.
4	W. P. No.38289 of 2005 and others (Madras High Court)	The concept of "acquittal is an acquittal", is an off shoot of the principle of double jeopardy underlying section 300(1) of the Code, it cannot be imported into service law, where the principle of double jeopardy itself is looked down upon
5	W.P.No.238 of 2003 (Madras High Court)	It would be open to challenge the final order that may be passed, based on the enquiry proceedings conducted pursuant to the impugned order and no prejudice caused on conducting de nova enquiry.
6	W.A. No.796 of 2001 (Madras High Court)	The power of judicial review is not directed against the decision but is confined to the decision-making process. The court does not sit in judgment on merits of the decision.

Government Orders - Disciplinary Case Department

S.No	G.Os and Date	Subject
1	GO Ms.No.41 P&AR(FR-III) DEPT. 28.04.2015	Public Services - Rules - Rule-56 of the Fundamental Rules - Compulsory Retirement - Clarification on the date of effect of Compulsory Retirement in the case of final orders issued, after the date of Superannuation - Orders - Issued
2	GO Ms No. 29 P&AR (N) Department dated 23.12.2012	Public Services – Tamil Nadu Civil Services (Discipline and Appeal) Rules – Amendment to Rule 17 (e) – Amendment issued
3	GO Ms No. 30 P&AR (N) Department dated 23.02.2012	Public Services – Disciplinary Proceedings – Review Committees for Suspension Cases – Constitution - Orders – Issued
4	GO Ms No. 31 P&AR (N) Department dated 23.02.2012	Public Services – Disciplinary Cases relating to Retired Government servants under Tamil Nadu Pension Rules 1978 – Modification to rule 9 of the TN pension Rules 1978 – Orders Issued.
5	GO Ms No. 117 P&AR (N) Department dated 28.09.2011	Public  Services – Tamil Nadu Civil Services (Discipline and Appeal) Rules – Amendment to Rules 15(a), 23(1) and 36(1) – Orders – Issued.
6	GO Ms No. 47 P&AR (N) Department dated 29.04.2011	Public Service – Disciplinary Proceedings – Appointment of inquiry Officer – Procedure to followed – Orders – Issued
7	Government Letter No.7845/N/2011-1, dated 25.03.2011	Public Services – Disciplinary Cases – Checklist prescribed – requested to follow scrupulously – Regarding.
8	Government Letter No. 58437/N/2009-1 dated 14.06.2010	Public Services – Enquiry by Directorate of Vigilance and Anti-Corruption – Cases in which further action is dropped – Modification Order – Issued
9	Government Letter  No.11927/A/2010, dated 18.03.2010	Tamil Nadu Government Servants Conduct Rules, 1973 – Property verification statement – Periodical Submission – Instructions – reiterated.
10	GO Ms No. 171 P&AR (A) Department dated 18.12.2009	TN Government Servants Conduct Rules 1973 – Amendment to fourth proviso to rule 24A – issued.
11	GO Ms No. 158 P&AR (A) dated 06.11.2009	TN Government Servants Conduct Rules 1973 – Rule 2 of Tamil Nadu Government Servants’ Conduct Rules – Classification of Government Servants – Amendment – orders – issued.
12	Government Letter No. 59243/N/2008-4 dated 13.10.2009	Public Services – Disciplinary Procedures – Format for appointing Inquiry Officer – Modified Format – Adoption – Reg.
13	GO Ms No. 133 P&AR (A) Department dated 29.09.2009	TN Government Servants Conduct Rules 1973 – Rule 3 (A) (2) – relating to prohibition of acceptance and giving of dowry by Government  Servants – Declaration Format – Prescribed.
14	GO Ms No. 6 P&AR (A) Department dated 21.01.2008	Tamil Nadu Government Servants Conduct Rules 1973 – Rule 3 of the TN Government Service Conduct Rules 1973 relating to “Gifts” Amendments Issued
15	GO Ms No. 76 P&AR (A) Department dated 20.03.2007	TN Government Servants Conduct Rules 1973 – Acceptance of gifts from close relatives by Government Servants while undertaking foreign trips – Rule 3(1) Amendment Issued
16	GO Ms No. 19 P&AR (A) Department dated 23.01.2007	TN Government Servants Conduct Rules 1973  - Amendments Rule 6 (4) (a) of the TN Government Servants Conduct Rules 1973 – Notification – Issued.
17	GO Ms No. 140 P&AR (A) Department dated 07.09.2006	TN Government Servants Conduct Rules 1973 – No objection Certificate to Government Servants to undertake trip to a foreign country – Delegation of powers to Heads of Departments in respect of Groups B, C and D officers – Amendment to rule 24-A of the Tamil Nadu Government Servants Conduct Rules 1973 – Orders – issued.
18	Government Letter No. 53140/A/2003-1 dated 02.12.2003	Tamil Nadu Government Servants Conduct Rules, 1973 - Prohibition of Government Servants from convening and participating in "Katta Panchayats" - Instructions Issued
19	Government Letter No. 26625/FR.I/2002-1 P&AR(FR.I) Department dated 21.05.2002	Fundamental Rules - Fundamental Rule-29 - Reduction to lower service grade or to a lower stage in a time scale of post while imposing of penalties under the Tamil Nadu Civil Services (Discipline and Appeal) Rules - Certain instructions issued.
20	GO Ms No. 109 P&AR (K) Department dated 25.6.2001	Public Services - Meetings - Conducting periodical meeting by Secretaries to Government, Departments of Secretariat and Heads of Departments Announcement of Her Excellency the Governor of Tamil Nadu in the Legislative Assembly on 25.5.2001 - Conduct of periodical Meetings with representatives of Government Employees - Orders - Issued.
21	GO Ms No. 40 P&AR (N) Department dated 30.01.1996	Disciplinary Cases – Suspension Pending enquiry into grave charges – Time limit for finalization of disciplinary Proceedings  - Instructions – Issued
22	Government Letter No. 9637/A/95-1, dated 24.04.1995	Tamil Nadu Government Servants Conduct Rules, 1973 – Procedure for dealing with the Government Servants for bringing Political and other outside influence – Issued.
23	GO Ms No. 39 P&AR (A) Department dated 09.03.2010	TN Government Servants Conduct Rules 1973  - Rules 6(4)(a) and (aa) 7 (1) (c) 7 (2) 7 (3) (d) and Rule 8 (i) (a)(iii) of the TN Government Servants Conduct Rules 1973 – Amendments Issued.
24	Lr No.27259/N/2016-2, P & AR (N) department dated 30.09.2016	General Instruction for avoiding unnecessary reference being made to Tamil Nadu Public Service Commission in cases where Recovery of pay is not of Character of penalty.
25	G.O (Ms) NO.36 P & AR (N) department dated 09.03.2020	Public Services – Conviction cases – Dispensing with the procedure of consulting the Tamil Nadu Public Service Commission in the cases of Disciplinary proceedings initiated under rule 17 (c) (1) of the Tamil Nadu Civil Services (Discipline and Appeal) Rules) – Fixing-up of time limit for issuing final order – Instructions – Issued.
26	G.O (Ms) NO.105 P & AR (N) department dated 01.08.2019	Public Services – Tamil Nadu Civil Services (Discipline and Appeal) Rules – Codification of penalties – Amendment – Issued.
27	G.O (MS) No.27, P & AR (N) Department, dated 24.02.2016	Public Services – Directorate of Vigilance and Anti-Corruption – Re-designation of the post of Personal Assistant (Administration) as Administrative Officer in the Directorate of Vigilance and Anti-Corruption – Orders Issued.