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ANOOP KUMAR DHAND
Sitaram Acharya S/o Late Shri Badri Prasad – Appellant
Versus
State Of Rajasthan – Respondent
JUDGMENT :
1. By way of filing of this petition, the petitioner has challenged the impugned punishment order dated 04.08.2020 by which penalty of 10% deduction in pension for two years has been imposed.
2. Learned counsel for the petitioner submits that the petitioner stood retired on 31.07.2012 after attaining the age of superannuation, but just five days before his retirement, he was served with a charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeals) Rules, 1958 (for short ‘the Rules of 1958) with the charge that at the time of his transfer less plants were counted due to which the department has sustained loss of Rs.50,460/-. Counsel submits that the alleged misconduct pertains to the year 2002 and the respondents were sleeping over the matter for a decade and just five days before this retirement, the aforesaid charge-sheet was served upon the petitioner. Counsel submits that even in the year 2005, an enquiry was conducted, wherein no fault of the petitioner was found and fault of one Praveen Kumar Mathur was found and charge-sheet was served upon him under Rule 17 of the Rules of 1958. Counsel submits that finally no action was taken ag
Point of Law : Court does not ordinarily interfere at the show-cause or charge-sheet stage; however, interference in some very rare and exceptional cases can always be made and the show-cause/charge-....
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
Delay in initiating disciplinary proceedings must be examined on a case-by-case basis, and prejudice caused by the delay can lead to the quashing of the charge sheet. Inordinate delay in issuing the ....
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