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Tamil Nadu
High Court stays Air Force Station rule provision
Special Correspondent
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Worker placed on leave sans pay
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He was charged with misusing blocked smart cards Plea to conduct a domestic inquiry
CHENNAI: A provision in the Air Force Station’s Rules regulating the terms and conditions of the services of civilian employees of the unit-run canteen, relating to placing an employee on leave without pay, has been stayed by the Madras High Court.
A Division Bench of Justice Elipe Dharma Rao and Justice K. Suguna granted an interim injunction on a writ petition filed by N. Krishnan challenging the provisions of Rule 16 as well as a Central Administrative Tribunal (CAT) order dismissing his original application.
The Bench also stayed the operation of the CAT order.
The disciplinary proceedings were initiated against the petitioner, an accountant-cum-supervisor in the unit-run-canteen, by Tambaram Air Force Station authorities, on the charge that he had misused the blocked smart cards in his custody.
Second memo
After he submitted his explanation denying the charges, the officials did not proceed with the first memorandum of charges but issued him a second memorandum of charges.
The petitioner said he was treated with contempt by higher-ups, and despite orders, reminders and contempt proceedings, the officials did not issue service conditions recognising unit-run canteens as part of the Ministry of Defence.
Pointing out that he was placed under suspension without subsistence allowance, he said: “In the absence of any rule, the respondents are duty-bound to follow the rule that is applicable to Central Government servants. The rule by which the respondents placed the petitioner without pay is per se illegal and not known in service law.”
Besides seeking to quash the proceedings, the petitioner prayed for a direction to the authorities to conduct a domestic inquiry in accordance with the Central Civil Service Rules and pass orders.
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