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RAJIV SHAKDHER, TALWANT SINGH
Dinesh Singh – Appellant
Versus
Union Of India – Respondent
JUDGMENT
Rajiv Shakdher, J. - CM aPPL. 3175/2022
1. On the previous date i.e., 19.01.2022, we had passed the following order in the above-captioned application :
'1. Mr a. S. Singh, who appears on behalf of the petitioner/applicant, says that since the inquiry officer has submitted the inquiry report, albeit on 30.03.2021, all that the petitioner seeks, in the form of direction, is that the disciplinary authority should take a decision, one way or another, within the stipulated timeframe.
2. The writ petition is directed against the order dated 22.08.2019, passed by the Central administrative Tribunal [in short the 'Tribunal'] in O.a. No.2772/2017, wherein the operative directions issued were that the inquiry should be completed within a period of six months.
3. Given this position, we are prima facie of the view that a direction can be issued to the disciplinary authority to take a decision in the matter within a stipulated timeframe, with liberty to the petitioner to assail the decision of the disciplinary authority, if it is adverse to his interest based on the grounds raised in the O.a., as also the grounds taken in the writ petition.
4. Mr Hanu Bhaskar, who appears on behalf of the
The disciplinary authority must make a timely decision, and the petitioner has the right to challenge the decision if adverse.
The court reinforces the responsibility of disciplinary authorities to make timely decisions on inquiries, ensuring procedural fairness for affected parties.
The main legal point established in the judgment is that the application for leave to pass final order in the disciplinary proceedings against the petitioner was filed in a sheer illegal, arbitrary, ....
The court emphasized the need to balance the need for expeditious proceedings with fairness towards the employee in disciplinary proceedings.
Inordinate delay in initiating and completing disciplinary proceedings can cause prejudice to the delinquent and vitiate the proceedings.
Employer must seek an extension of time if the inquiry is not concluded within the time fixed by the Court, and the Court has the jurisdiction to extend the time in the interest of justice and public....
Timely completion of disciplinary inquiries is essential to uphold the rights of retired employees, with strict adherence to administrative guidelines mandated by government orders.
Failure to comply with court-issued time lines for disciplinary proceedings, without obtaining an extension, renders the proceedings and resulting order bad in law.
Delay in disciplinary proceedings does not ipso facto vitiate the enquiry; the authority retains the power to extend time limits set by the Tribunal.
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