CHENNAI: Stating that proper notice and explanation should be heard from the staffer before punishment as per Rule 14 of the Bar Council of Tamil Nadu and Puducherry, a division bench of Madras High Court set aside a council order dismissing its employee.
Allowing a writ appeal filed by the petitioner, T Justine, the bench led by Justices R Subramanian and Sathi Kumar Sukumara Kurup noted that the petitioner was entitled to reinstatement with all service and attendant benefits. The petitioner had challenged the order of a single judge confirming the dismissal order.
“We find that no charges have been framed, and no charge memo has been issued to the petitioner, which vitiates the entire proceedings. Therefore, the writ appeal is allowed,” it said.
The court noted that the rules adhering to service conditions of the staff members of the Bar Council should be followed, as the petitioner was a permanent employee. When the Council’s advocate submitted that the petitioner did not respond to the notice served to him, the bench granted liberty to the council to proceed in accordance with the service rules and initiate a fresh inquiry.
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