IN THE HIGH COURT OF DELHI
Manmohan, Navin Chawla, JJ.
Sandeep Kumar Varma - Appellant
Versus
Union of India - Respondent
W.P.(C) 14520 of 2021
Decided On : 17-12-2021
| Table of Content |
|---|
| 1. challenge to disciplinary proceedings and appeal. (Para 1 , 2 , 3 , 4) |
| 2. court's observation on appeal processing. (Para 5) |
| 3. order for expediting appeal decision. (Para 6 , 7) |
JUDGMENT
Manmohan, J. (Oral):
C.M.No.45689/2021
Exemption allowed, subject to all just exceptions.
Accordingly, the application stands disposed of.
W.P.(C) 14520/2021
1. Present writ petition has been filed primarily challenging the charge sheet dated 24th January, 2017 and the order dated 16th October, 2020.
2. Learned counsel for the petitioner states that the Disciplinary Authority had passed the order dated 16th October, 2020 against the petitioner imposing a penalty of compulsory retirement with due benefits.
3. Aggrieved by the order dated 16th October, 2020, the petitioner preferred an appeal before Additional Chief Safety Commissioner on 26th December 2020. He states that since no response was received, the petitioner approached this Court by filing a writ petition, being W.P(C) 4484 of 2021, whereby this Court, vide order 13th April 2021, directed the Appellate Authority to decide the petitioner's appeal by way of a reasoned order as expeditiously as possible, preferably within twelve weeks.
4. He contends that till date the petitioner has not received any response with regards to his appeal dated 26th December, 2020.
5. Issue notice. Mr.Jagjit Singh, learned standing counsel accepts notice on behalf of the respondents. He states that the order dated 13th April, 2021 passed by this Court in W.P(C) 4484 of 2021 was not immediately brought to the notice of the respondents as the said writ petition was disposed of on the first day of listing of petition before the Court i.e. 13th April, 2021 itself on which date none was present for the respondents. However, he assures and undertakes to this Court that the petitioner's appeal is under active consideration and the same shall be decided within four weeks.
6. Keeping in view the aforesaid, the present writ petition is disposed of with a direction to the respondents to decide the petitioner's appeal dated 26th December, 2020 in accordance with law within four weeks.
7. List the matter for compliance on 04th February, 2022.
Right to a timely response in disciplinary proceedings is critical, leading to court directions for resolution within a specific timeframe.
Disciplinary proceedings must not be prematurely set aside without conclusive evidence of misconduct, ensuring fairness in administrative processes.
Disciplinary penalties must be proportionate to the misconduct, and employees must be afforded fair opportunities for defense during inquiries.
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