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Richard Yimto – Appellant
Versus
Union of India – Respondent
JUDGMENT :
Devashis Baruah, J.
1. Heard Mr. Pravir Choudhury, learned counsel appearing for the petitioner; also heard Mr. T.B. Jamir, learned Senior Additional AG appearing on behalf of the State Respondents, and Mr. Yangerwati, learned CGC, appearing on behalf of the Union of India.
2. The instant Writ Petition is filed challenging the Order of the Central Administrative Tribunal (hereinafter referred to as The Tribunal), Guwahati Bench, passed in Original Application No. 046/00251/2020 dated 26.02.2021, whereby The Tribunal did not interfere with the disciplinary proceedings and directed the authorities to complete the disciplinary proceeding initiated vide Memorandum of Charge No. POL/ESTT-11/2018 (PT-1) dated 18.12.2018, within a period of 6 (six) from the date of the said Order.
3. It is the specific case of the petitioner that, in terms with the Judgment of the Supreme Court in the case of Prem Nath Bali vs. Registrar, High Court of Delhi and Another, (2015) 16 SCC 415 and the Central Vigilance Commission Circular No. 07/07/18 dated 26.07.2018, the disciplinary proceedings ought to be concluded once initiated within a reasonable time by giving priority to such proceedings and as
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.
Point of law: The protracted disciplinary enquiry against a Government employee issued, therefore, be avoided not only in the interests of Government employee, but in the public interest and also in ....
Delay alone is not a sufficient ground to quash disciplinary proceedings. Prejudice must be demonstrated, and the gravity of the charges and all relevant factors involved in the case must be consider....
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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