Inordinate delay in disciplinary proceedings against retired employees can lead to quashing of the charges, emphasizing accountability and adherence to specified timelines in the inquiry process.

ORDER :

1. The present writ petition is filed to declare the action of Respondents in not concluding the disciplinary proceedings initiated against the Petitioner as violative of Articles 14, 16 and 21 of the Constitution of India; to consequently directly forthwith conclude the disciplinary proceedings in terms of G.O.Ms.No.91 GAD dated 12.09.2022 or in the alternative to quash the proceedings.

2. The facts leading to the filing of the writ petition are as follows:

The Petitioner was initially appointed as Work Inspector on 17.01.1987 and subsequently promoted to the post of Draughtsman on 23.03.1988. Later, the Petitioner was promoted as Assistant Engineer on 13.08.1997 and further promoted as Deputy Executive Engineer on 15.01.2018. The Petitioner retired from service on 31.10.2021, on attaining the age of superannuation. During the course of employment, the Petitioner was issued five (5) disciplinary proceedings from 2014 onwards. The details of the charge memos are given below:

(i) Charge Memo in Procgs.No.B2/CB3/202/2014-B dated 17.06.2014.

(ii) Charge Memo in Procgs.No.B2/Vig&Enft/Rep-11/2021-2 dated 25.03.2021.

(iii) Charge Memo in G.O.Rt.No.242 SW (TW.SER.II) dept. dated 13.07.2023.

(iv) Charge Memo in G.O.Rt.No.72 Dept., of TW (SER) dated 15.05.2024.

(v) Charge Memo in G.O.Rt.No.29 Dept., of TW (SER) dated 13.03.2025.

3. The Charge Memo No.1 dated 17.06.2014 pertains to the allegation that the Petitioner had committed certain irregularities regarding road works taken under MGNREGS in TW Division, Paderu, where he was working as Assistant Engineer (TW) Koyyuru and caused loss to a tune of Rs.15,48,711/- in formation of gravel road from Munasala to Domalagondi and widening and gravelling the road from P-A R& B Road to Kithalangi in Dumbriguda Mandal. The basis of the charge is the vigilance report dated 17.09.2013.

4. An enquiry Officer was appointed on 22.03.2022 and the Petitioner had given detailed explanation denying the charges in the month of March, 2023 and there is no progress in the enquiry from that date.

5. The Charge Memo No.2 dated 25.03.2021 was concerned with regard to the Petitioner’s work as Deputy Executive Engineer, (TW) Sub-Division, Pathapatnam. The solitary Article of Charge pertains to irregularities in execution of works i.e. (i) Executed the entire work without approval from the competent authority (ii) Executed gravel sub base with huge deficiency in thickness and inferior quality gravel. (iii) Executed CC road with most inferior quality and deficiency in thickness. (iv) Check measured earth work for formation of embankment without actual execution. (v) Excess length of Gravel sub base and CC roads were check measured. The basis of the charge is the vigilance report dated 24.09.2020. Petitioner submitted his explanation on 31.08.2021 denying the charges and there is no progress in the enquiry.

6. Nearly two years after the Petitioner’s retirement from service, Charge Memo No.3 was issued vide G.O.Rt.No.242 Social Welfare (TW.SER.II) Department dated 13.07.2023 and the solitary Article of Charge was that the Petitioner had executed the plinth beam of dormitory building with inferior quality concrete thereby failed in charging duties, which shows lack of integrity. The basis of the charge is the vigilance report dated 30.08.2022. Petitioner submitted his explanation on 29.09.2023 denying the charges and there is