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M. S. KARNIK, VALMIKI MENEZES
Dilip Amonkar – Appellant
Versus
State of Goa – Respondent
JUDGMENT :
(Per M. S. Karnik, J.)
1. By this petition under Article 226 of the Constitution of India, the petitioner prays for quashing and setting aside the inquiry/disciplinary proceedings initiated belatedly against the petitioner ten years after the actual incident had occurred. It is further prayed that directions be issued to release forthwith the pensionary and retirement/terminal benefits payable to the petitioner including the payment of gratuity.
2. The facts of the case in brief are as under :
The petitioner was appointed to the post of Lecturer on ad-hoc basis at the Goa Medical College and Hospital (GMC). Over a period of time, the petitioner became the Professor & Head of the Department of Surgery at GMC from 11.12.2002 which post he held right until his retirement at the age of 65 years on 31.12.2018. The incident which was the cause for initiating disciplinary proceedings against the petitioner happened some time in July 2010.
3. Briefly stated, a Doctor, a specialist in the field of female diseases was treating a patient Ms. 'R'. She was admitted in a private Nursing Home situated in Vasco Da Gama. Upon her clinical examination, the Doctors opined that Ms. 'R' was suffe
Disciplinary proceedings initiated after an unreasonable delay are invalid, especially when the accused has been exonerated by a competent authority.
Disciplinary actions must adhere to principles of natural justice, including timely inquiries and consideration of all relevant evidence, to ensure fairness.
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....
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....
The main legal point established is the requirement to adhere to principles of natural justice, including the disclosure of reasons for decisions and the supply of vital materials considered before i....
The principles of natural justice require that a disciplinary authority must provide reasons for differing from an inquiry officer's findings and allow the employee an opportunity to respond before i....
Post-superannuation fresh departmental enquiry invalid under Pension Rules 1982 Rule 27 after two service-period exonerations; no de novo without reasons/opportunity; mandates release of salary, pens....
: : (1) When a public servant reaches age of superannuation and waits to have exit from his service, initiation of disciplinary proceedings concerning old events generally would be unreasonable and u....
Significant delays in disciplinary proceedings can violate principles of natural justice, leading to quashing of penalties and entitlement to benefits.
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