Dr.M.Ramula vs The State Of Tamil Nadu on 21 June, 2013
18.The petitioner, having waited for four years and found that the respondents kept pending the disciplinary action and passing over the name of the petitioner for inclusion of panel of promotion, came to this Court challenging the correctness of the charge memo dated 15.7.2001 issued by the third respondent. When the third respondent issued a charge memo way back on 15.7.2001 and thereafter, they appointed an enquiry officer on 22.11.2002, this Court fails to understand why the respondents have not completed the enquiry and furnished a copy of the enquiry report till now. When the respondents denied the further promotional avenues of the petitioner to the higher post for nine years from the date of issuance of charge memo dated 15.7.2001, as rightly relied upon by the learned counsel for the petitioner the decision of the Apex court in P.V.MAHADEVAN VS. MD.T.N.HOUSING BOARD (2005 (6) SCC 636), holding that "the protracted disciplinary enquiry against a government employee should, therefore be avoided not only in the interests of the government employee but in public interest and also in the interests of inspiring confidence in the minds of the government employees", and another decision of the Apex Court in RANJEET SINGH Vs. STATE OF HARYANA AND OTHERS (2008 (3) CTC 781), following the earlier view that the mental agony and sufferings of the appellant due to the protracted disciplinary proceedings would be much more than the punishment, this Court, having seen that the petitioner was denied promotion for about 13 years and considering the mental agony and suffering sustained by the petitioner due to the protracted enquiry and since that itself is much more than the punishment, is inclined to interfere with the charge memo dated 15.7.2001 issued by the third respondent by applying the above said two decisions laid down by the Apex Court, for, till now, the respondents have not passed any final order although 13 years had gone by now.