IMPORTANT POINT
Delay in departmental proceedings should be considered in light of the gravity of the charges involved, and the definition of 'grave misconduct' is not limited to specific acts mentioned in the rules.

JUDGMENT :

(Vijay Bishnoi, J.)

1. Heard Mr. R.K.D. Choudhury, learned Deputy Solicitor General of India appearing on behalf of the petitioners, and Mr. S. Dutta, learned counsel appearing for the sole respondent.

2. This writ petition is filed by the petitioners being aggrieved with the order dated 07.11.2017, passed by the learned Central Administrative Tribunal (CAT), Guwahati Bench, Guwahati, in O.A. No. 040/00295/2015. By the said order, the Original Application filed by the applicant/respondent herein has been allowed and the Memorandum of Charge dated 20.02.2015 has been set aside, while concluding that the Memorandum of Charge was served upon the respondent after inordinate delay of four years. In the aforesaid order it is also observed that no satisfactory explanation was given for the aforesaid delay; no action for cancellation of the related appointments was taken; the Charge Memo was served upon the respondent only four days before the retirement of the applicant/respondent herein and the omission and commission stated in the charge sheet being procedural in nature. The operative portion of the impugned order is reproduced hereunder:

“7. In our considered opinion, in view of the charge sheet having been served after inordinate delay of 4 years and satisfactory explanation is not being given for the said inordinate delay and for the alleged irregularities no action for cancellation of the related appointments having been taken and charge sheet having been served only 4 days before the retirement of the Applicant and in view of the allegations of omission and commission stated in the charge sheet being of procedural in nature, and thus in view of the law laid down by the Hon’ble Supreme Court in catena of cases, the impugned charge memo requires to be set aside.”

3. Assailing the impugned order, Mr. R.K.D. Choudhury, learned counsel appearing for the petitioners has argued that the Hon’ble Supreme Court has categorically held that a departmental proceedings initiated against a government employee cannot ordinarily be set aside on the ground of delay in initiation of departmental proceedings without looking into the gravity of the charges.

4. It is contended that the charges levelled against the respondent in the Charge Memo are serious in nature. However, the learned Tribunal, without considering the gravity/magnitude of the charges, has set aside the Charge Memo issued against the respondent mainly on the ground of delay. In support of the above contention, Mr. Choudhury relies upon two decisions of the Hon’ble Supreme Court which are as follows:

(i) Chairman, LIC of India & Ors. Vs. A. Masilamani, reported in (2013) 6 SCC 530.

(ii) Shri Anant R. Kulkarni vs. Y.P. Education Society & Others, reported in (2013) 6 SCC 515.

5. It is further contended by Mr. Choudhury that the learned Tribunal has grossly erred in setting aside the Memorandum of Charges served upon the respondent without appreciating the explanation submitted by the petitioners regarding the delay caused in serving the Charge Memo upon the respondent. It is contended that the petitioners have satisfactorily explained the delay, but the learned Tribunal without even discarding the said explanation has straightway set aside the Charge Memo concluding that the same was served upon the respondent after a delay of four years.

6. Learned counsel for the petitioners has submitted that the respondent has provided appointment to several persons on the posts of Gramin Dak Sevak/Branch Post Master (GDS/BPM) during the period running from the year 2005 to 2010 while he was working as Senior Superintendent of Post Offices (SSPO), Guwahati Division, Guwahati. It is submitted that during the course of annual inspection of the office of the SSPO, Guwahati in the year 2011, certain irregularities were found in recruitment of GDS/BPMs and, therefore, a squad was formed by C.O., Guwahati Circle for the purpose of reviewing all the recruitments of GDS/BPMs made under Guwahati