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A. MUHAMED MUSTAQUE, S. MANU
Additional Chief Secretary, Department Of Home, Secretariat – Appellant
Versus
Kishore Kumar J – Respondent
JUDGMENT :
A.Muhamed Mustaque, J.
INTRODUCTION:
These matters are related to disciplinary action proposed against Shri Kishore Kumar., the applicant before the Tribunal. Kishore Kumar’s name was included in the select list of officers for conferment to the Indian Police Service (IPS) against 22 vacancies in the Kerala Cadre for the years 2019 and 2020. His name was included in the select list subject to clearance of disciplinary proceedings. In the third round of litigation before the Tribunal, the Tribunal categorically found that there was absolutely no bona fides to initiate proceedings against Kishore Kumar. However, directed the Government to take a fresh decision in the light of the earlier direction of the Tribunal. The State as well as Kishore Kumar are before us challenging the order of the Tribunal.
BRIEF FACTS OF THE CASE:
2. Kishore Kumar investigated a crime registered by Perumpadappu Police on 15/2/2001. Kishore Kumar took charge as an investigating officer during 2008-2010. He investigated the case on the assumption that the dead body referred to in the crime was that of one Suroor who was reportedly missing and a missing complaint was registered with the police. As an in
Disciplinary actions must be timely and justified; undue delay can lead to an abuse of process and invalidate the proceedings.
Inordinate delay in disciplinary proceedings does not vitiate them if explained by CBI investigation without proven prejudice to the officer.
Delay in disciplinary proceedings does not automatically justify dismissal unless it significantly affects the employee's right to a fair inquiry.
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 ....
Inordinate unexplained delay exceeding 12 years in disciplinary proceedings against retired employee, coupled with procedural lapses, causes serious prejudice and warrants quashing to uphold natural ....
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
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