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CHAKRADHARI SHARAN SINGH
Ajoy Kumar Sinha – Appellant
Versus
State Of Bihar – Respondent
JUDGMENT
Chakradhari Sharan Singh, J. - The petitioner has sought for quashing of a resolution dated 17.06.2020, whereby it has been decided to initiate disciplinary proceeding against him under Rule 17(2) of the Bihar Government Servant (Classification Control and Appeal) Rules, 2005 (hereinafter referred to as 'the Rules'). By the said resolution, the Chief Enquiry Commissioner, General Administration Department has been appointed as Inquiring authority and Executive Engineer as the Presenting Officer. The allegation against the petitioner relates to the period (2008- 2011) when he was posted as Executive Engineer, Public Health Division, in relation to the works arising out of separate four agreements.
2. A counter affidavit has been filed on behalf of the State of Bihar.
3. I have heard Mr. Sourav Suman and Sanchay Srivastava, learned counsel for the petitioner and Mr. Arvind Ujjwal, learned Standing Counsel No.4, learned counsel, representing the State of Bihar.
4. On conjoint reading of the pleadings on record it has emerged that a complaint was received in the Department in respect of quality of hand pumps in PH Division, Gaya, based on which a Three-Man Committee was constitute
Long delays in disciplinary proceedings can lead to their quashing, especially when the charged employee is not at fault, violating principles of administrative justice.
Inordinate delay in concluding departmental proceedings can lead to quashing the charges against an employee, emphasizing the need for adherence to prescribed time limits in disciplinary inquiries.
Departmental proceedings initiated by an incompetent authority are null and void, requiring adherence to statutory delegation for valid charges and actions.
Disciplinary proceedings initiated against the delinquent employee is required to be concluded expeditiously and he should not be made to undergo mental agony and monetary loss
The main legal principle established is that inordinate delay in concluding disciplinary proceedings, causing prejudice and emotional distress to the accused, may warrant the closure of the proceedin....
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