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NEERAJ TIWARI
Ram Bali Ram – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Neeraj Tiwari, J.)
Heard learned counsel for petitioner and Sri P.K. Shahi, learned Additional Chief Standing Counsel for State-respondents.
2. Present petition has been seeking following relief :
II. a writ, order or direction in the nature of mandamus and commanding, directing to continuance of disciplinary proceeding after his retirement, made an application dated 21.4.2024 before respondent No. 2 for retiral benefits to the petitioner.''
3. Case was heard on 24.9.2024 and Court has passed following order :
Unexplained delays in disciplinary proceedings cause prejudice to the charged officer, warranting termination of such proceedings.
Prolonged disciplinary proceedings without resolution can lead to quashing of charges and entitlement to retirement benefits.
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Service Law- charge memo itself is liable to be quashed in view of inordinate delay of 10 years in completion of departmental enquiries in the absence of any explanation by the respondent employer
Disciplinary proceedings cannot continue after an employee's retirement in absence of explicit provisions allowing such continuation in service rules.
The court emphasized the employer's duty to conclude disciplinary inquiries promptly, holding that unreasonable delays in such proceedings entitle employees to interest on delayed pension payments.
Long delays in disciplinary proceedings can lead to their quashing, especially when the charged employee is not at fault, violating principles of administrative justice.
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