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Our Legal Correspondent

Chennai March 15 Government servants, facing charge of misconduct, cannot approach the High Court on every stage of enquiry to correct action of authorities if they went wrong at any stage, the Madras High Court has ruled.

Such employees would be given all opportunities that are available under service rules, and therefore this Court was disinclined to entertain a writ petition challenging a charge memo on the ground that rule 9A of TN Civil Services (Discipline & Appeal Rules), 2005 had not been taken into account by the respondent Government, Mr Justice K. Chandru held.

Dismissing the writ petition by Ms N. Jeevakani, Deputy Collector working as District Supply Officer, Thoothukudi, challenging the action of charge-sheeting her under rule 17(b), the judge said that if a person like the petitioner submitted an explanation to charge memo, and thereafter, an enquiry officer was appointed, it was for the petitioner to raise all such grounds before the enquiry officer. The petitioner's rights were fully protected in terms of Article 311(2) of Constitution and also the Discipline & Appeal Rules framed under Article 309.

Persons like the petitioner, who had allegedly committed serious misconduct, could not be allowed to approach this Court on every stage of enquiry and seek the Court's attention to correct action of authorities, if they went wrong at any stage. In any event, the so-called right under rule 9A could not be invoked at the instance of petitioner, and it was for authorities to decide as to how an enquiry should be conducted, whether individually or collectively depending upon persons involved in the offence.

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