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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL
Satish Kumar Tiwari, S/o. Late Shri Shankar Lal Tiwari – Appellant
Versus
State of Chhattisgarh, through its Secretary, Department of Water Resource – Respondent
What is the effect of prolonged delay in departmental proceedings on a retired employee’s due process rights? What are the consequences of appointing an Enquiry Officer after a long delay in post-retirement departmental enquiries? Whether the withholding of pension (10%) during pendency of departmental proceedings is lawful or must be restored when delays occur?
Key Points: - The court held that prolonged delay in concluding departmental proceedings against a retired employee may violate due process and cause prejudice, potentially quashing the proceedings. (!) (!) - The appointment of Enquiry Officer and Presenting Officer after a delay of 11 years, with no action by the State in the interim, is impermissible and can lead to quashing of the impugned order. (!) (!) - The Petitioner was entitled to restoration of withheld pension (10%) and reversal of the order, as delay was unexplained and prejudicial; third proviso to Rule 9(4) of Pension Rules can apply to restore pension after two years if proceedings are not completed. (!) (!)
Order :
Sanjay K. Agrawal, J.
1. The petitioner herein, who stood retired from service as Executive Engineer in the Water Resources Department of the State of Chhattisgarh, seeks to challenge legality, validity and correctness of the impugned order dated 24-9-2018 (Annexure P-1) by which the State Government has appointed Enquiry Officer and Presenting Officer under Rule 14 of the Chhattisgarh Civil Services (Classification, Control and Appeal) Rules, 1966 for conducting departmental enquiry against him after his retirement.
2. The aforesaid challenge has been made on the following factual backdrop: -
3. The petitioner attained the age of superannuation and he retired as Executive Engineer on 31-3-2007 vide Annexure P-3. The State Government after leave from the competent authority under Rule 9(2)(b)(i) of the Chhattisgarh Civil Services (Pension) Rules, 1976 (for short, ‘the Pension Rules’) instituted departmental enquiry against the petitioner by issuing charge-sheet to him and two other employees namely, Mr. Mukesh Santoshi & Mr. P.K. Patel, on 31-8- 2007, however, charges against Mr. Mukesh Santoshi & Mr. P.K. Patel were dropped by order dated 22-5-2008. In response to the charge-s
Prolonged delay in disciplinary proceedings post-retirement may violate an employee's right to due process and cause undue prejudice, warranting quashing of proceedings under constitutional jurisdict....
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....
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