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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
HARPREET SINGH BRAR
Khairati Lal – Appellant
Versus
State of Haryana – Respondent
| Table of Content |
|---|
| 1. petitioner's retirement and allegations. (Para 1 , 2) |
| 2. arguments against the charge sheet issuance. (Para 3 , 4) |
| 3. delay vitiating disciplinary proceedings. (Para 5 , 6 , 7 , 8) |
| 4. importance of timely disciplinary proceedings. (Para 10 , 11) |
| 5. court's orders for compliance and timeline. (Para 12 , 13 , 14 , 15 , 16) |
JUDGMENT :
Harpreet Singh Brar, J.
Through the instant petition filed under Articles 226/227 of the Constitution of India, the petitioner has sought writ in the nature of mandamus for directing the respondents to release all the retiral benefits including gratuity, leave encashment, over draft expenses borne by the petitioner and all the other consequential benefits with interest @ 18% per annum.
2. Learned counsel for the petitioner, infer alia, contends that the petitioner retired as Store Keeper-cum-Mandi Inspector from the respondent-Corporation on 31.12.2006 as is evident from Annexure P-2. A charge sheet was served upon the petitioner on 21.01.2009 (Annexure P-3) after the retirement of the petitioner for shortage of wheat stock during the crop year 2002-03 on the allegations that the petitioner has failed to maintain the health of the entire wheat
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
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 ....
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