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A. S. CHANDURKAR, JITENDRA JAIN
State of Maharashtra, through the Principal Secretary, Social Justice and Special Assistance Department – Appellant
Versus
Prabha Krishnaji Kamble – Respondent
JUDGMENT :
Jitendra Jain, J.
1. Rule. Rule made returnable forthwith. Heard finally by consent of the parties.
2. By this petition under Article 227 of the Constitution of India, it challenges an order passed by the Maharashtra Administrative Tribunal, Mumbai (Tribunal) dated 16th February 2015, whereby the Original Application (for short “OA”) of the Respondent has been allowed and the Petitioner-State has been directed to realise the services of the Respondent along with all retirement benefits on account of exoneration of all the charges framed against the Respondent.
Narrative of the events:-
(ii) On 8th November 1983, the Respondent was placed on suspension on account of alleged misappropriation of funds.
(iii) On 17th December 1983, a charge-sheet alleging charges of misappropriation was issued to the Respondent. The Respondent submitted her detailed reply to the said charges.
(iv) On 10th August 1984, an Enquiry Officer was appointed to conduct an enquiry against the Respondent. The F
The unexplained delay in disciplinary proceedings and the non-speaking nature of orders can vitiate the proceedings and be contrary to the principles of natural justice.
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
Unexplained 10-year delay in departmental chargesheet for 1991 misconduct vitiates proceedings when coupled with vague charges, mechanical disagreement lacking reasons, and non-speaking punishment or....
Admission of guilt by charged employee allows disciplinary authority to impose punishment without regular inquiry; criminal acquittal on benefit of doubt does not entitle to service benefits or vitia....
Inordinate delay in concluding disciplinary proceedings, lack of application of mind in disciplinary orders, and gravity of charges can influence the court's decision to quash orders and direct redet....
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