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2025 Supreme(Online)(CAT) 12391

CENTRAL ADMINISTRATIVE TRIBUNAL
R.N. Singh, J, B. Anand, A
Rakesh Kumar Dubey – Appellant
Versus
Union of India through Its Home Secretary – Respondent
MA No. 544/2025 in OA No. 3143/2022



Advocates:
For the Appellants/Petitioners: Sh. Siddharth, Sh. Prateek Goyal, Sh. Harshit Manwani, Sh. Prabhu Nath Sinha
For the Respondents: Sh. Sanjeev Yadav for R-1, Sh. Azmat H. Amanullah with Ms. Rebecca Mishra for R-2 to 4

Departmental inquiries must adhere to statutory timelines. Delays due to non-supply of documents are unacceptable, ensuring due process and expediting disciplinary actions.

Headnote:(A) All India Services (Discipline and Appeal) Rules, 1969 - Rule 8(25) - Extension of time for departmental inquiry - The Tribunal emphasizes compliance with statutory timelines for concluding inquiries. Delays attributed to non-supply of documents by the State are unreasonable under existing judicial precedents. (Paras 8-10, 15-17)

(B) Administrative Law - Departments must act within stipulated timeframes for fairness - The Supreme Court stresses the need for swift resolution of disciplinary inquiries, reiterating that delay in proceedings detrimental to the applicant is not acceptable. (Paras 9-10)

Facts of the case:
A departmental inquiry was initiated against the applicant due to various alleged inadequacies, with procedural delays noted primarily due to unresolved document requests. The Tribunal previously stayed proceedings, leading to complex litigation.

Findings of Court:
The inquiry has not been concluded within the mandated timeframe, valid grounds for delay are not apparent, and compliance with statutory provisions is crucial.

Issues: The main queries involve accountability for delays in the inquiry process and the appropriate application of disciplinary rules regarding time-sensitive procedures.

Ratio Decidendi: The Tribunal ruled that the delay in fulfilling the inquiry's due process is unjustified, emphasizing adherence to legislative time limits and judicial standards of diligence.

Result: The present MA is dismissed due to the lack of merit.

Table of Content
1. context of the ma and previous judicial proceedings. (Para 1 , 2)
2. importance of adhering to timeline and fair process in disciplinary inquiries. (Para 4 , 5 , 10)
3. analysis of procedural delays in the context of statutory compliance. (Para 6 , 7 , 11)
4. court's emphasis on expediency and accountability in inquiries. (Para 8 , 12 , 15)
5. final ruling on the merits of the application. (Para 16)

ORDER

Hon’ble Mr. R.N. Singh, Member (J)

By way of the present MA, the applicants (respondent nos. 2 to 4 in the OA) seek extension of time for six months beyond the time stipulated by the Tribunal in its order dated 04.10.2024 in MA No. 3114/2024 in the captioned OA, for concluding the departmental inquiry against the respondent (original applicant).

2. In opposition to the MA, reply was filed. The MA No. 544/2025 filed by respondents no. 2 to 4 seeking further extension of time for six months beyond the time prescribed in the Tribunal’s order dated 04.10.2024 in MA No. 3114/2024, was dismissed by the Tribunal vide order dated 15.04.2025. Aggrieved by the said order dated 15.04.2025, the applicants herein approached the Hon’ble High Court of Delhi vide WP(C) No. 10111/2025. The Hon’ble High Court disposed of the said Writ Petition vide order/judgment dated 17.07.2025 by setting aside the Tribunal’s order dated 15.04.2025 in the present MA and restored the said MA No. 544/2025 on record of the Tribunal for deciding the same afresh.

3. In the facts and circumstances, the applicants herein, vide order dated 13.08.2025, were directed to file an affidavit indicating the developments before the Inquiry Officer after the order of the Tribunal dated 04.10.2024 with a copy of day to day order sheets in the Inquiry. In terms of the said order of the Tribunal, the applicants herein filed an affidavit on 08.09.2025. Written submissions have also been filed by the learned counsels for the parties.

4. We have heard the learned counsels for the parties at length and with their assistance we have perused the pleadings available on record.

5. Undisputed facts are that a disciplinary proceeding was initiated against the original applicant vide memorandum dated 24.08.2021. Various representations were preferred by the original applicant seeking additional documents. The Disciplinary Authority had appointed Inquiry Officer vide order dated 27.01.2022. Aggrieved by his continued suspension and also the departmental inquiry, the original applicant approached this Tribunal by way of the captioned OA. In the facts and circumstances, the Tribunal by way of interim order dated 10.11.2022 stayed the departmental proceedings against the original applicant. Such interim order was vacated by the Tribunal vide order dated 15.12.2023. Further, vide final order/judgment dated 09.02.2024, the Tribunal disposed of the OA with direction to the competent authority amongst the Respondents to ensure culmination thereof as expeditiously as possible and preferably within a period of three months of date of receipt of a certified copy of such order and further to take an appropriate decision and pass relevant order in the matter in accordance with the Rules within a further period of three months positively.

6. The Inquiry could not be completed by the applicants herein and they approached this Tribunal by way of the MA No. 3114/2024 seeking extension of time and such MA was disposed of by the Tribunal vide order dated 04.10.2024 by granting extension of time for six months from 10.05.2024 to complete the disciplinary proceedings against the original applicant and to pass necessary orders in accordance with Rules and instructions on the subject. The time so granted by the Tribunal vide its order dated 10.05.2024 expired on 09.11.2024. Admittedly, the inquiry could not be completed what to say of passing final orders in compliance of the directions of the Tribunal contained in final order dated 09.02.2024 in the captioned OA read with order dated 04.10.2024 in MA No

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