Timely resolution of departmental inquiries is essential to protect employee rights, and negligence by state authorities must be addressed to prevent violations of fundamental rights.

Order :

1. The instant case is a glaring example of negligence on the part of the State instrumentalities. Charge-sheet was served upon the petitioner-delinquent way back in the year 2011 and the proceedings arising out of the said charge-sheet were not concluded in-spite of passing of a considerable time, hence, under these circumstances, the petitioner has approached this Court by way of filing the instant writ petition.

2. During pendency of this petition, the petitioner has retired after attaining the age of superannuation on31.01.2025.

3. On asking of the Court, the State counsel apprised that the enquiry pertaining to the charge-sheet dated 09.11.2011 was completed on 04.03.2014 itself, but no final orders has been passed by the Disciplinary Authority.

4. It is quite a shocking state of affairs that the Disciplinary Authority has not passed any final order in-spite of receipt of the enquiry report in the year 2014. As per the provisions contained under the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short 'the Rules of 1958'), the Disciplinary Authority is expected to pass final orders immediately after receipt of the enquiry report, but here in the instant case, no orders were passed, even after passing of more than 12 years.

5. In the case of Prem Nath Bali Vs. Registrar, High Court of Delhi and Ors., reported in AIR 2016 SC 101, the Hon’ble Apex Court has emphasized that it is the duty of the employer to ensure that the Departmental Enquiry initiated against the delinquent employee is concluded within the shortest possible time by taking priority measures. In the cases where the delinquent is placed under suspension, during the pendency of such enquiry, then it becomes all the more imperative for the employer to ensure that the enquiry is concluded in the shortest possible time, to avoid any inconvenience, loss and prejudice to the rights of the delinquent employee.

6. As a matter of fact, this Court has time and again experienced that after completion of the enquiry, the issue involved therein does not come to an end because if the findings of the enquiry proceedings have gone against the delinquent employee, he invariably pursues the issue in Court to ventilate his grievance, which again consumes time for its final conclusion.

7. Keeping these factors in mind, this Court is of the considered opinion that every employer (whether State or private) must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit. Where it is not possible for the employer to conclude within the time frame due to certain unavoidable causes, arising in the proceedings, then efforts should be made to conclude within a reasonably extended period, depending upon the cause and the nature of inquiry.

8. This Court has observed on various occasions that the Officer-In-Charge of the cases are not taking the matters seriously, which are pending before this Court since long. The Rajasthan Law and Legal Affairs Department Manual, 1999 has been formulated which assigns duties of the Officer-In- Charge of the cases. Rule 233 thereof deals with the duties of the Officer-In-Charge, which reads as under:

"233. Duties of the Officer-in-charge.-The Officer-in-charge shall:-

(1) make such inquiries into the facts of the case as may be necessary;

(2) collect all the relevant files, rules, notifications, order and documents;

(3) prepare a report answering parawise all the points