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LAXMI NARAYANA ALISHETTY
D. Sriram – Appellant
Versus
Director of Public Health And Family – Respondent
JUDGMENT
1. This writ petition is filed in not considering the case of the petitioner for promotion to the post of Civil Surgeon (General) while considering the number of juniors from time to time even though the petitioner is fully eligible, qualified and within the zone of consideration on the untenable ground that disciplinary proceedings initiated vide charge memo RC No.035742/VC.III.B/ 08-15, dtd. 6/12/2008, is liable to be set aside on the ground of inordinate delay and such action is contrary to the instructions issued by the Government in G.O.Ms.No.GA (Ser-C) Department, dtd. 1/11/2008.
2. The brief facts leading to filing of the present writ petition are as under:
2.1. Petitioner was appointed as Civil Assistant Surgeon through direct recruitment w.e.f. 3/9/1994 and had passed all the necessary departmental tests and his services were regularized and his promotion was declared satisfactorily in the above said cadre. Petitioner was promoted as Deputy Civil Surgeon in December 2010 and during his long service, his name was considered as Incharge District Medical and Health Offcer on 11/10/2016. Petitioner joined in the said post and discharging his duties sincerely, without a
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.
Disciplinary proceedings against a government employee should be concluded expeditiously, and any unexplained delay may vitiate the proceedings.
Prolonged disciplinary proceedings against retired employees without justification can lead to quashing of the proceedings, emphasizing the need for timely action.
Inordinate unexplained delay exceeding 12 years in disciplinary proceedings against retired employee, coupled with procedural lapses, causes serious prejudice and warrants quashing to uphold natural ....
Protracted disciplinary proceedings without valid justification, especially post-acquittal in criminal cases, constitute harassment and must be quashed.
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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