IN THE HIGH COURT FOR THE STATE OF TELANGANA AT HYDERABAD
NAMAVARAPU RAJESHWAR RAO
Ch. Ramesh – Appellant
Versus
State of Telangana – Respondent
ORDER :
NAMAVARAPU RAJESHWAR RAO, J.
The present Writ Petition is filed for quashing the departmental proceedings initiated under Articles of Charge issued in Rc.No.1656/2016/M4, dated 21.03.2017 in respect of an incident pertains to 2014 in spite of submitting the report by the Enquiry Officer on 05.03.2019.
2. Heard Sri P.V. Ramana, learned counsel for the petitioner and learned Government Pleader for Services-I, appearing for respondents. Perused the record.
3. Learned counsel for the petitioner submits that initially the petitioner was appointed as a Forest Section Officer in February 2008 at Kamareddy Division of erstwhile Nizamabad District. The petitioner worked as a Forest Section Officer for Reddypet Section, Kamareddy Range of Kamareddy Division, from October 2009 to June 2014. During the said period, as per the estimates sanctioned by the Divisional office for construction of boundary pillars, work was executed under Vana Samrakshana Samithi (VSS) as per the procedure contemplated. Works were executed as per the estimates prepared and after works were completed, work completion reports were incorporated in the Division Accounts accepted by the Divisional Forest Officer, Kama
State of A.P. Vs. N. Radhakishan
M.V. Bijlani Vs. Union of India and others;
State of Madhya Pradesh and another Vs. Akhilesh Jha and another;
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.
The issuance of a Charge Memo by an unauthorized authority after undue delay is unsustainable, as negligible errors do not constitute misconduct.
Disciplinary proceedings must adhere to principles of natural justice, including the right to cross-examine witnesses; failure to do so invalidates penalties imposed.
Long delays in disciplinary proceedings can lead to their quashing, especially when the charged employee is not at fault, violating principles of administrative justice.
Prolonged delay in disciplinary proceedings post-retirement may violate an employee's right to due process and cause undue prejudice, warranting quashing of proceedings under constitutional jurisdict....
Point of law: suspension was prolonged for more than 11 years in some of the judgments referred above. But, still, the Courts held that, it depends upon the circumstances of each case and varies from....
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