The Hindu Business Line : HC sets aside TAMIN notices to employees

Chennai April 6 The Madras High Court has set aside notices issued by Tamil Nadu Minerals Ltd (TAMIN) to employees who had been chargesheeted for various alleged charges, as the board of directors had not followed the relevant rule (Rule 14.10).

The board was directed to issue show cause notices afresh to the employees (petitioners) without expressing any finality to proposed punishment.

Mr Justice K. Chandru, who was hearing writ petitions from seven employees, said that the employees had filed appeals to the board of directors of the company against notices served to them.

Since the appeals were not disposed of expeditiously, employees moved this court, which directed TAMIN to dispose of appeals within 4-8 weeks.

The board of directors thought it fit that punishment imposed on petitioners was on lower side, and it was resolved at board meeting on November 22, 2006 that punishment given to petitioners should be enhanced. This was challenged by petitioners, and hence these petitions.

The Judge held that while the board had not only power to enhance punishment, it had power for suo motu revision of order passed by competent authority available to board.

The competent appellate authority was the Managing Director, who participated in the said board meeting.

When the appellate authority was empowered to interfere with quantum of punishment, it would be against canons of justice if punishing authority is part of the appellate mechanism.

There was no indication in the Managing Director's proceedings dated June 21, 2006 that the board would consider explanation of petitioners in respect of punishment, as the board had already abdicated power of consideration of explanation and merely authorised its delegate to implement it.

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