VENKATESWARLU NIMMAGADDA
Dwarapureddy Sudhakara Rao – Appellant
Versus
State of AP – Respondent
ORDER :
This writ petition is filed under Article 226 of the Constitution of India for declaring the action of the respondents in failing to obtain the concurrence from APPSC which is mandatory and thereby not concluding the departmental proceedings initiated against the petitioner on 31.10.2009, vide G.O.Rt.No.1697 & CAD (Ser.VII) (V&E- 2) Department, though 14 years have lapsed as illegal, arbitrary and consequently for setting aside/quash the departmental proceedings initiated against the petitioner on 31.10.2009, on the ground of abnormal unexplained delay and release all the pension benefits.
2. The factual matrix leading to the filing of the present writ petition is as follows :
3. It is the case that, several irregularities and serious lapses were noticed pertaining to Vamsadhara Project in Srikakulam District, which had come to the notice of Vigilance & Enquiry Department. The said Vigilance & Enquiry Department conducted preliminary enquiries and has recorded its conclusions of huge corruption in procurement of Screw Gearing Shutters. The officers who were found responsible in finalizing the price and procurement, in the said enquiry were identified as 34 officers, they were
Disciplinary proceedings against a government employee should be concluded expeditiously, and any unexplained delay may vitiate the proceedings.
Protracted disciplinary proceedings without valid justification, especially post-acquittal in criminal cases, constitute harassment and must be quashed.
Disciplinary proceedings initiated against the delinquent employee is required to be concluded expeditiously and he should not be made to undergo mental agony and monetary loss
The central legal point established in the judgment is that disciplinary proceedings must be conducted in a timely manner, and the imposition of penalties after the retirement of the petitioner is co....
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
The delay in concluding disciplinary proceedings, without proper justification, can amount to an abuse of process and lead to grave injustice, harassment, and mental agony to the affected party.
Excessive delay in disciplinary proceedings, attributable to the inaction of the State, can lead to the quashing of the proceedings, especially when the delay violates the petitioner's right to a spe....
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