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ABDUL MOIN
Anoop Kumar Singh – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
Abdul Moin, J.
Heard Sri Rishi Raj, learned counsel for the petitioner and Sri Sandeep Sharma, learned Standing counsel appearing on behalf of the State-respondents.
2. With the consent of learned counsel appearing on behalf of the contesting parties, the instant writ petition is being finally decided.
3. Instant writ petition has been filed praying for the following main reliefs :
(ii) Issue a writ order or direction in the nature of Mandamus, commanding the opposite parties to consider and promote the petitioner on the post of Deputy Commissioner, State Tax Department w.e.f the date his similarly situated batch mates i.e. Trade Tax Officers of 2002 Batch have been promoted and grant him further promotions thereby fixing his seniority at each stage on respective posts with all consequential benefits, in the ends of justice.''
4. Bereft of unnecessary details, the contention of learned counsel for the petitioner is that the Division Bench of this Court in Writ-A No. 3074 of 2021
Time frames set by courts for inquiries are procedural; failure to meet them does not invalidate proceedings unless specific consequences are stated.
Delay in disciplinary proceedings does not ipso facto vitiate the enquiry; the authority retains the power to extend time limits set by the Tribunal.
Point of law: The protracted disciplinary enquiry against a Government employee issued, therefore, be avoided not only in the interests of Government employee, but in the public interest and also in ....
Long delays in disciplinary proceedings can lead to their quashing, especially when the charged employee is not at fault, violating principles of administrative justice.
Point of Law; court has the inherent jurisdiction to grant an extension of time, the original stipulation of time having been fixed by the court itself
Departmental inquiries must adhere to statutory timelines. Delays due to non-supply of documents are unacceptable, ensuring due process and expediting disciplinary actions.
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