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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
MANISH MATHUR
Rakesh Kumar Nayak – Appellant
Versus
State of U.P. – Respondent
JUDGMENT :
MANISH MATHUR, J.
1. Heard Mr. Rishi Raj learned counsel for petitioner, learned State Counsel for opposite parties no.1 to 4 and Mr. R.K. Upadhyaya, learned counsel for opposite party no.5.
2. Petition has been filed challenging charge-sheet dated 24.05.2023 as well as consequent departmental proceedings. Further prayers are for quashing of the order dated 31.12.2022 initiating departmental proceedings for imposition of major penalty as well as the order dated 23.2.2023 and the charge-sheet dated 26.11.2024.
3. It has been submitted that with regard to an incident which took place in the year 2015, a show cause notice was issued to petitioner on 16.11.2021 which was replied to by him, whereafter by means of order dated 31.12.2022, reference was made to the State Government for initiating departmental proceedings for imposition of major penalty.
4. In pursuance thereof, State Government vide order dated 23.02.2023 granted approval for initiation of departmental proceedings whereafter the charge-sheet dated 24.05.2023 was prepared and was issued to the Enquiry Officer for further issuance to petitioner.
5. It is submitted that however upon receipt of the said charge-sheet, the
Unexplained delay in initiating departmental proceedings can lead to prejudice against the accused, and mere negligence does not amount to misconduct as defined under disciplinary rules.
Unexplained delay in initiating disciplinary proceedings and vague charges can lead to quashing of the charge sheet, as it would be unfair and cause prejudice to the accused.
Inordinate delay in initiating departmental proceedings prejudices the charged officer unless there is a proper explanation for the delay.
Inordinate delay in concluding departmental proceedings can lead to quashing the charges against an employee, emphasizing the need for adherence to prescribed time limits in disciplinary inquiries.
Disciplinary proceedings cannot be quashed solely on the ground of delay; the severity of allegations must also be considered.
Departmental inquiries against retired employees must be initiated within four years of the alleged misconduct, with the charge-sheet marking the official start of proceedings.
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