Disciplinary authorities must conclude proceedings within mandated time frames or seek timely extensions. When a judicial order stipulates that non-compliance vitiates the proceedings, any penalty imposed after the expiration of such time without an extension is void for lack of jurisdiction and constitutes an abuse of process.

JUDGMENT :

MADHURESH PRASAD, J.

In Re: W.P.S.T. 122 of 2023

1. An order dated 06.09.2022 passed by the West Bengal Administrative Tribunal (‘Tribunal’ for short) in M.A. No. 98 of 2022 whereby and whereunder the prayer for extension of time, granted earlier by the Tribunal vide order dated 22.12.2020 passed in O.A. No. 406 of 2020 for concluding the Departmental Proceeding was rejected is the subject matter of WPST 118 of 2023.

2. WPST 122 of 2023 was filed challenging an order dated 18.05.2023 passed by the Tribunal in O.A No. 53 of 2023, directing for release/payment of admissible full pensionary benefits to the applicant since the punishment order dated 16.01.2024, passed after rejection of the prayer for extension of time, was held vitiated and could not be made the basis of depriving the petitioner of his pensionary benefits.

3. Heard the learned AGP on behalf of the State (writ petitioners), and the learned advocate representing the respondent.

4. By an order dated 22.12.2020 passed in O.A. 406 of 2020, the Tribunal directed for conclusion of the Disciplinary proceedings within six months. Miscellaneous Application (M.A. 98 of 2022) was filed on 24.08.2022 seeking extension of time fixed by the Tribunal. The same was rejected. The present writ petition is filed assailing an order passed in M.A. 98 of 2022, dated 06.09.2022 by the Tribunal.

5. At the very outset it is submitted by the learned AGP that the applicant did not challenge the punishment order dated 16.01.2024. Therefore, no relief can be granted to the applicant.

6. The learned AGP submits that the order dated 22.12.2020 was passed in the Original Application when there were substantial restrictions due to the national lockdown imposed due to covid-19 pandemic. The authorities, therefore, were incapacitated in taking the matter to its logical conclusion within the time stipulated by the Tribunal.

7. Learned AGP referred to an order dated 23.02.2022 passed by a five Judges Bench of this Court in a suo moto proceeding bearing W.P.A. No. 5323 of 2020. The special bench took notice of the fact that the Apex Court in suo moto writ petition bearing W.P. (Civil) No. 3 of 2020 passed orders extending the limitation under the various provisions taking into consideration the national lockdown. The Special Bench, however, was of the view that continuance of interlocutory orders which were in force was also an issue which required consideration. Therefore, the Special Bench, on 23.02.2022 passed the following order:

“All that remains is the continuance of interlocutory orders which are in force in terms of the original order issued in the writ petition namely, W.P.A. 5323 of 2020 and extended from time to time, which as of now, stand extended till February 28, 2022.

We do not see any reason to extend the original order any further beyond February 28, 2022, except as regards the matters which we specifically order hereinbelow.

Conditional orders of Courts including those relating to occupation of any premises subject to payment of rent or occupational charges will continue, notwithstanding the non-deposit of the rent or occupation charges during the period 28th February, 2022 to 15th March, 2022. Similarly, rent or occupation charges not deposited in terms of the rent control legislations will not immediately make the tenant or occupant liable for eviction till 15th March, 2022 or earlier contrary orders of Court.

This order will also apply to order