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DELHI HIGH COURT
RAJIV SHAKDHER, TALWANT SINGH
Sanjeev Ghei – Appellant
Versus
Union of India – Respondent
| Table of Content |
|---|
| 1. writ petition filed against tribunal's order (Para 2 , 3 , 4) |
| 2. basis of disciplinary proceedings against petitioner (Para 5) |
| 3. impact of compulsory retirement on proceedings (Para 6 , 7) |
| 4. closure of writ petition (Para 8 , 9 , 10 , 11) |
JUDGMENT
[Court hearing convened via video-conferencing on account of COVID-19]
Rajiv Shakdher, J. (Oral)
CM APPL.5581/2022
1. Allowed, subject to just exceptions.
W.P.(C) 1940/2022
CM APPL.5572/2022[Application filed on behalf of the petitioner for interim relief]
CM APPL. 5573/2022[Application filed on behalf of the petitioner for placing on record additional documents]
2. This writ petition is directed against the order dated 08.01.2019, passed by the Central Administrative Tribunal [in short, the "the Tribunal"] in O.A. No. 2336/2017.
3. We have asked Mr Ashok Kumar Bhardwaj, who appears on behalf of the petitioner, at the very outset, as to the reason for approaching this Court after more than three years.
3.1. Mr. Bhardwaj says that the petitioner has approached this Court, at this juncture, on account of an order passed by the Inquiry Officer (IO), whereby he has justified the continuation of the disciplinary proceedi
Disciplinary proceedings may continue only with proper justification, even after compulsory retirement, pending Tribunal's assessment of the circumstances.
The court reinforces the responsibility of disciplinary authorities to make timely decisions on inquiries, ensuring procedural fairness for affected parties.
Disciplinary proceedings can be initiated post-acquittal; however, undue delays must be justified, particularly when considering the employee's circumstances.
The court emphasized the importance of appreciating the relief sought by the petitioner and directed the Tribunal to hear arguments afresh.
The main legal principle established is that inordinate delay in concluding disciplinary proceedings, causing prejudice and emotional distress to the accused, may warrant the closure of the proceedin....
The court emphasized the need for a thorough judicial review of the Tribunal's order regarding disciplinary proceedings, asserting that it must assess the implications of a withdrawn charge memo.
The court emphasized the necessity for timely resolution of tribunal applications to facilitate uninterrupted disciplinary proceedings and uphold the integrity of the process.
Court-fixed timeline for disciplinary proceedings revokes suspension on expiry but permits continuation; punishment vitiated if show-cause reply ignored – Remit for fresh order on technical grounds.
Disciplinary proceedings against a government employee should be concluded expeditiously, and any unexplained delay may vitiate the proceedings.
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