Prompt completion of enquiry proceedings without delay, ensuring no impact of court orders on the enquiry process.

JUDGMENT

Rajiv Shakdher, J. - CM APPL. 39607/2021

1. Allowed, subject to just exceptions.

W.P.(C) 12583/2021 and CM APPL. 39606/2021[Application filed on behalf of the petitioner for ex-parte ad-interim stay]

2. This writ petition is directed against the order dated 28.07.2021, passed by the Central Administrative Tribunal [in short ‘the Tribunal’] in

OA No. 1082/2021.

2.1 Being aggrieved by the impugned order, whereby the Tribunal has quashed the chargesheet dated 13.09.2019, issued against the respondent, the petitioner has approached this court by way of the present writ petition.

3. Mr Rajeev Sharma, who appears on behalf of the respondent, on instructions of the respondent, who has also joined the proceedings, says that, the chargesheet dated 13.09.2019 was issued to the respondent, after a lapse of about 26 years from the date of the incident, and both he and the respondent are confident that, the respondent will stand exonerated, if an enquiry is held in the matter.

3.1 Mr Sharma says that, the other officials, who were similarly circumstanced, have also been exonerated.

4. Given this position, we have put to Mr Sharma as well as to the respondent, as to whether they are willing to subject themselves to an enquiry.

4.1. Mr Sharma and the respondent say that, they would have no difficulty, if this Court were to set aside the impugned order of the Tribunal, with a direction that an enquiry against the respondent be completed on or before 31.01.2022.

4.2. Mr R.V. Sinha, who appears on behalf of the petitioner, says that, if such a direction is issued by the Court, the same will be complied with.

5. In these circumstances, the impugned order is set aside.

5.1. The Enquiry Officer appointed by the petitioner will ensure that, the enquiry proceedings are concluded on or before 31.01.2022.

5.2 Needless to add that, the respondent will not delay in any manner, the conduct of the enquiry. This direction would also apply to the Enquiry Officer.

5.3 The Enquiry Officer will fix a time schedule, to ensure that the enquiry is completed within the time-frame indicated hereinabove i.e., on or before 31.01.2022.

6. We make it clear that the fact that we have set aside the impugned order dated 28.07.2021, will have no impact on the enquiry proceedings. 6.1. The Enquiry Officer will reach his conclusion, vis- -vis the charges levelled against the respondent vide order dated 13.09.2019, without being burdened by the order passed by us today.

7. The writ petition is disposed of in the aforesaid terms.

8. It is also important to flag, at this stage, that once the Enquiry Officer submits his report, the next steps in the matter will be taken with due expedition by all concerned, including the disciplinary authority.

9. Consequently, pending application shall also stand closed.

10. The case papers shall stand consigned to record.