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SUJOY PAUL, SHAILENDRA SHUKLA
State of M. P. – Appellant
Versus
Vishnu Prashad Maran – Respondent
ORDER
Paul,J. --1. This intra-Court appeal takes exception to the order dated 17.9.2019 passed in W.P. No.9838/2018, whereby learned Writ Court directed the department to open the sealed cover and give effect to the recommendations for promotion. In addition, learned Writ Court directed to grant interest on delayed payment of retiral dues with further direction to pay arrears of 7th Pay Commission.
2. Shri Shrey Raj Saxena, learned Panel Lawyer assailed the order of learned Writ Court on twin grounds. Firstly, it is argued that the main reason for interference with the punishment of censure dated 13.3.2018 was that against the Enquiry Officer's report, the petitioner was not given any opportunity by issuance of notice by the disciplinary authority. He submits that the disciplinary authority issued a notice along with the Enquiry Officer's report and therefore, this reason for interference on the punishment cannot sustain judicial scrutiny. Secondly, learned Writ Court has committed an error in granting interest on delayed payment of retiral dues.
3. Learned counsel for the appellant urged that the delay in releasing the retiral dues was because of pendency of disciplinary proceeding
The judgment established the importance of satisfying the principles of natural justice, the application of relevant rules in imposing disciplinary actions on retired government servants, and the obl....
Delay in initiating disciplinary proceedings and unjustified nature of the action by the respondents can lead to the quashing of the punishment order and the direction to refund the deducted pension ....
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
A disciplinary authority must provide an opportunity for hearing when it disagrees with an enquiry officer's findings, and any punishment not prescribed by statutory rules is without jurisdiction.
Disciplinary proceedings against a retired employee can continue if initiated during service; defining grave misconduct under pension rules does not require explicit mention in charges, as grave alle....
Timely initiation and conclusion of disciplinary proceedings are critical; excessive delays can vitiate the proceedings and infringe on the rights of the employee.
Inordinate delay in concluding disciplinary proceedings, lack of application of mind in disciplinary orders, and gravity of charges can influence the court's decision to quash orders and direct redet....
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