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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, AMIT MAHAJAN
Vijai Prakash Shukla – Appellant
Versus
Uoi – Respondent
JUDGMENT :
ANIL KSHETARPAL, J.
1. Through the present Petition, the Petitioner prays for issuance of a writ in the nature of certiorari to quash the order dated 31.07.2024 [hereinafter referred to as 'Impugned Order'] passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi [hereinafter referred to as 'Tribunal'] in O.A. No.2276/2023 whereby the Tribunal declined to interfere with the disciplinary proceedings initiated against the Petitioner and disposed of the Original Application with a direction to the Competent Authority to ensure that the pending inquiry is concluded within a period of six months from the date of receipt of a certified copy of the said order.
2. The principal issue which arises for consideration in the present Petition is whether the learned Tribunal committed any jurisdictional error in refusing to interfere with the charge memorandum dated 21.05.2021 and the disciplinary proceedings initiated pursuant thereto, particularly on the grounds urged by the Petitioner, namely, (i) alleged non-compliance with Rule 14(24) of the Central Civil Services (Classification, Control and Appeal) Rules, 1965; and (ii) inordinate delay in conclusion of th
Judicial review in disciplinary matters is limited; delay alone does not invalidate proceedings unless prejudice is demonstrated.
Judicial review of disciplinary charge memos is limited; premature quashing is improper if charges are supported by evidence, requiring internal resolutions first.
Prolonged disciplinary proceedings against retired employees without justification can lead to quashing of the proceedings, emphasizing the need for timely action.
Disciplinary proceedings are invalid if based on prejudicial reliance on undisclosed inquiry reports and if initiated by an incompetent authority, infringing principles of justice.
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