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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
NYAPATHY VIJAY
Bairisetti Desaiah – Appellant
Versus
State of Andhra Pradesh – Respondent
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 13.07.2
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.
Prolonged disciplinary proceedings against retired employees without justification can lead to quashing of the proceedings, emphasizing the need for timely action.
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
The main legal point established in the judgment is the need to avoid inordinate delays in disciplinary proceedings, the serious prejudice and mental distress caused by such delays, and the court's a....
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....
Inordinate delay in initiating disciplinary proceedings post-retirement can prejudice the defense, warranting quashing of charge memos under Rule 214 of KCSRs.
The main legal point established is the requirement for timely framing of charges, non-discriminatory action against co-delinquents, and the need for a joint enquiry for co-delinquents from different....
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
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