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2013 Supreme(All) 2731

D. Y. CHANDRACHUD, DEVENDRA KUMAR ARORA, RITU RAJ AWASTHI
ABHISHEK PRABHAKAR – Appellant
Versus
NEW INDIA ASSURANCE COMPANY LIMITED – Respondent


Advocates:
Counsel :
Ravi Nath Tilhari for the Petitioner; Jitendra Narain Mishra for the Respondents.

JUDGMENT

By the Court.—The reference before the Full Bench has been occasioned as a result of a referring order dated 30 September 2013. Essentially, the issue which arises before the Full Bench can be summarized briefly as follows: Where a Court has prescribed time for the disposal of a disciplinary enquiry and the enquiry is not concluded within the time so fixed, would the consequence in law be to vitiate the enquiry proceedings resulting in rendering the penalty imposed as being without jurisdiction?

2. The following questions have been referred in the order of the learned Single Judge for determination by the Full Bench :

“(a) Whether if an inquiry proceeding is not concluded within a time frame fixed by a Court and concluded thereafter, without seeking extension from the Court then on the said ground the entire inquiry proceeding as well as punishment order passed, is vitiated in view of the judgment in the case of P.N. Srivastava; and

(b) Whether the law as laid down by a Division Bench of this Court in the case of P.N. Srivastava that if an inquiry proceeding is not concluded within a time frame as fixed by a Court, it stands vitiated is still a good law in view of the judgm































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