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ANOOP KUMAR DHAND
Sitaram Acharya S/o Late Shri Badri Prasad – Appellant
Versus
State Of Rajasthan – Respondent
Headnote: Read headnote
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 Pravee
Delay in initiating disciplinary proceedings and unjustified nature of the action by the respondents can lead to the quashing of the punishment order and the direction to refund the deducted pension ....
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 ....
Inordinate delay in concluding disciplinary proceedings, lack of application of mind in disciplinary orders, and gravity of charges can influence the court's decision to quash orders and direct redet....
The main legal point established in the judgment is the need to avoid inordinate delays in disciplinary proceedings, the serious prejudice and mental distress caused by such delays, and the court's a....
Prolonged disciplinary proceedings against retired employees without justification can lead to quashing of the proceedings, emphasizing the need for timely action.
Inordinate delay in initiating disciplinary proceedings can cause prejudice to the accused and may lead to the quashing of charges. G.O.338 prohibits the continuation of disciplinary proceedings agai....
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