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SUREPALLI NANDA
M. Kumara Swamy – Appellant
Versus
State of Telangana – Respondent
ORDER :
1. Heard learned counsel for the petitioner and learned Government Pleader Services II.
2. This writ petition is filed to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring entire action of the respondents in not releasing his pension and other retrial benefits, even though he was allowed to retire from service as on 31.07.2014 on the untenable ground that the disciplinary proceedings initiated vide charge memo No. 035742/VC.III.V/08-8, dated 06.12.2008 for the issue 2002-2003 of the 2nd respondent and not concluding said proceeding inspite of submitting two reports by the enquiry authorities holding that there is no unspent balance amount available with the petitioner as alleged in the charge memo is as highly illegal, arbitrary and the very charge memo dated 06.12.2008 is liable to be set aside on the ground of inordinate delay/latches in initiation, as well as in continuation and consequently direct the respondents to forthwith release his pension and other retrial benefits by duly accepting his pension papers, by revising his pay with interest @ 24% p.a. from the date of retirement till actual payment is made if necessary by
Disciplinary proceedings against a government employee should be concluded expeditiously, and any unexplained delay may vitiate the proceedings.
The delay in concluding disciplinary proceedings, without proper justification, can amount to an abuse of process and lead to grave injustice, harassment, and mental agony to the affected party.
Prolonged disciplinary proceedings against retired employees without justification can lead to quashing of the proceedings, emphasizing the need for timely action.
Inordinate delay in disciplinary proceedings against a retired employee undermines the principles of natural justice and warrants quashing the penalty imposed.
The central legal point established in the judgment is that disciplinary proceedings must be conducted in a timely manner, and the imposition of penalties after the retirement of the petitioner is co....
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