Court holds mere submission of representation to higher authorities cannot amount to misconduct; directs immediate settlement of retirement benefits after prolonged delay
In a significant judgment delivered on October 26, 2026, the Madras High Court quashed departmental disciplinary proceedings initiated against V. Nagalingam, a retired police personnel, holding that merely submitting a representation seeking permission to form a police association does not constitute misconduct under service law.
The petitioner, V. Nagalingam, had been subjected to disciplinary action since 2004 on charges related to approaching the Director General of Police (DGP) and the Chief Minister's Special Cell through a representation requesting authorization to start a police association. The charges were framed under Rule 3(b) of the Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules, 1955.
The Court observed that an employee is entitled to submit representations to higher authorities and that such an act cannot be deemed misconduct nor serve as a valid ground for disciplinary action. The charges against Mr. Nagalingam were described as flimsy and unsustainable in law.
Further, the Court noted the inordinate delay in the disciplinary proceedings, which had dragged on for over two decades without any final punishment being imposed. During the pendency of the writ petitions challenging the disciplinary action, the petitioner retired from service, and no progress was made in concluding the inquiry since 2007.
Considering these facts, the Court allowed all three writ petitions filed by the petitioner, quashing the charge memo, inquiry proceedings, and the impugned orders. The respondents were directed to process and settle the entire pensionary and retirement benefits due to the petitioner within twelve weeks from the receipt of the Court's order.
The judgment underscores the principle that departmental proceedings must be based on valid and sustainable grounds and must conclude expeditiously, especially when the charges pertain to lawful acts such as submitting representations. It also reinforces the rights of government employees to seek redressal or make representations without fear of victimization.
Bottom Line:
Service law - Disciplinary proceedings against police personnel for merely submitting representation to higher authorities seeking permission to form police association are unsustainable - Mere submission of representation is not misconduct - Charge memo and inquiry proceedings liable to be quashed, particularly where there is inordinate delay and employee has retired - Retirement benefits directed to be settled.
Statutory provision(s):
Tamil Nadu Police Subordinate Service (Discipline & Appeal) Rules, 1955 Rule 3(b)
