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MOHAMMED SHAFFIQ
S. Udaiyasankar – Appellant
Versus
State of Tamilnadu, Rep. by its Special Secretary to Government, Chennai – Respondent
JUDGMENT
(Prayer: Writ petition filed under Article 226 of Constitution of India to call for the records pertaining to the order of the 1st respondent dated 13.10.2009 in G.O.Ms.No.502 Finance (T&A-1) Department, quash the same and consequently direct the respondents to pay the petitioner death cum gratuity, award costs.)
1. The short question that arises for consideration is as to whether the impugned order passed beyond the time lines/period fixed by this Court to complete the disciplinary proceedings would prove fatal to the validity of the order and render the proceedings bad in law.
2. The petitioner who was working as a Sub-Treasury Officer, Cuddalore was issued a charge memo on 24.01.2002 inter alia alleging lapses in payment of Military pension. The petitioner submitted his reply to the said charge memo vide letter dated 19.04.2002 which was forwarded to the enquiry officer. There was considerable delay in concluding the disciplinary proceedings. The petitioner approached the Tamil Nadu Administrative Tribunal in O.A.No.1361 of 2004, praying for a direction to the respondents to expeditiously dispose of the disciplinary proceedings. The tribunal was pleased to issue a directio
Failure to comply with court-issued time lines for disciplinary proceedings, without obtaining an extension, renders the proceedings and resulting order bad in law.
Inordinate delay in initiating and completing disciplinary proceedings can cause prejudice to the delinquent and vitiate the proceedings.
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The period of limitation for disciplinary proceedings was suspended during the COVID-19 pandemic, as per the Supreme Court's order dated January 10, 2022, and the disciplinary authority had 90 days f....
Inordinate delay in disciplinary proceedings post-superannuation causes prejudice, warranting quashing of charges.
Excessive delay in disciplinary proceedings, attributable to the inaction of the State, can lead to the quashing of the proceedings, especially when the delay violates the petitioner's right to a spe....
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