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V. KAMESWAR RAO, ANOOP KUMAR MENDIRATTA
Union of India – Appellant
Versus
Rattan Lal – Respondent
JUDGMENT
V. Kameswar Rao, J.
1. The challenge in this writ petition is to an order dated June 28, 2005, passed by the Central Administrative Tribunal, Principal Bench, New Delhi, (`Tribunal', for short) in Original Application No.851/2005 (`OA', for short) whereby the Tribunal has allowed the OA filed by the respondent herein by stating in paragraphs 12 to 15 as under:
"12. Taking stock of these facts, it is clear that inquiry should be initiated at the earliest. However, it depends upon the facts of each case. If delay is explained and prejudice is not caused, in that event, the inquiry need not be quashed but if there is no satisfactory explanation for delay and otherwise also, it is found that prejudice is caused in that event, the application should succeed.
13. In the present case before us, it has been explained that documents were involved for investigation had to be collected and there was bifurcation of PWD Electrical Division IV. The records went to many other divisions and some records were required to be called from various divisions. It has been further stated that the records were also required to be called from various other offices for investigation. Therefore, it took
Delay in initiating disciplinary proceedings must be examined on a case-by-case basis, and prejudice caused by the delay can lead to the quashing of the charge sheet. Inordinate delay in issuing the ....
The delay in disciplinary proceedings must be properly explained by the Department, and in the absence of a valid and acceptable explanation, the charges can be quashed based on the nature of the cas....
Unexplained delay in initiating disciplinary proceedings and vague charges can lead to quashing of the charge sheet, as it would be unfair and cause prejudice to the accused.
Disciplinary proceedings cannot be quashed solely on the ground of delay; the severity of allegations must also be considered.
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
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