VIGILANCE MANUAL VOLUME III - AP Online

DECISION - 217
(217)
487
Public Service Commission
Non-supply of Public Service Commission’s advice
to the charged officer does not constitute denial of
reasonable opportunity.
Chief Engineer, Madras vs. A. Changalvarayan,
1982(2) SLR MAD 662
An employee of Government of Tamilnadu was proceeded
against on charges of corruption. According to the procedure
prescribed in the relevant disciplinary rules, the Inquiry Officer’s report
was submitted to the Head of the Department (Chief Engineer). The
Chief Engineer did not agree with the finding of guilty against the
charged officer in respect of one charge and therefore, as per the
prescribed procedure, recorded his disagreement and sent the papers
to the Government for final orders. The Government did not accept
the view taken by the Chief Engineer in respect of the Inquiry Officer’s
finding on one charge. The case was forwarded to the Public Service
Commission, who found that some of the corruption charges were
established and accordingly advised dismissal of the employee from
service. Accepting the Commission’s advice, the Government passed
the dismissal order.
The employee filed a writ petition before the Madras High Court
and a single Judge allowed the petition holding that the Public Service
Commission’s recommendation and the Chief Engineer’s report to the
Government constituted material used against the charged employee
and their non-disclosure to the employee was against the principles of
natural justice, and quashed the dismissal order. The case came in
appeal to the Division Bench of the High Court.
As regards the report of the Chief Engineer to the Government,