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RAVI NATH TILHARI, NYAPATHY VIJAY
Union of India – Appellant
Versus
D. R. K. Reddy – Respondent
ORDER:
(per Ravi Nath Tilhari, J)
1. Heard Sri J.U.M.V.Prasad, learned Central Government Counsel for the petitioners and Sri V.R.Machavaram, learned counsel for the respondent.
2. This Writ Petition was filed by the Union of India and others under Article 226 of Constitution of India challenging the judgment and order dated 02.04.2004 passed by the Central Administrative Tribunal, Hyderabad Bench, Hyderabad (in short ‘the Tribunal’) in O.A.NO.1163 of 2002.
3. The OA was filed by the applicant/respondent herein – Sri D.R.K. Reddy challenging the order of removal dated 12.09.2002, passed by the disciplinary authority the Divisional Commercial Manager, South Central Railway, Vijayawada Division, Vijayawada, removing respondent from service and declaring the order of removal as void ab-initio and without jurisdiction.
4. The OA was allowed by the order dated 02.04.2004, the operative portion of the order reads as under:
Delay in disciplinary proceedings does not ipso facto vitiate the enquiry; the authority retains the power to extend time limits set by the Tribunal.
Court-fixed timeline for disciplinary proceedings revokes suspension on expiry but permits continuation; punishment vitiated if show-cause reply ignored – Remit for fresh order on technical grounds.
Point of law: The protracted disciplinary enquiry against a Government employee issued, therefore, be avoided not only in the interests of Government employee, but in the public interest and also in ....
Time frames set by courts for inquiries are procedural; failure to meet them does not invalidate proceedings unless specific consequences are stated.
Departmental inquiries must adhere to statutory timelines. Delays due to non-supply of documents are unacceptable, ensuring due process and expediting disciplinary actions.
Departure from regular disciplinary inquiry under Rule 14(ii) RS(D&A) Rules requires specific recorded reasons for impracticability; vague satisfaction invalidates removal order, especially with crim....
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