Inordinate delays in disciplinary proceedings violate the principles of natural justice, rendering dismissal from service arbitrary and unconstitutional, necessitating the payment of retiral benefits to the affected party.

ORDER

Assailing the proceedings in and by which the 1^st respondent con the punishment of dismissal from service inflicted on the petitioner, since deceased, the present petition has been filed by the 1st petitioner seeking quashment of the said order and also for a further direction to release the retiral benefits due and payable to the 1st petitioner. Upon the death of the 1st petitioner, petitioners 2 to 5, who are the legal heirs of the 1st petitioner have impleaded themselves as party petitioners to prosecute the petition.

2. The brief facts necessary for the disposal of the petition could be summarised as under :-

The 1st petitioner, while working as Sub Registrar Grade-I, Gobichettipalayam, was visited with disciplinary proceedings just three days prior to the date of his retirement from service on 31.01.2013 u/r 17(b) of the Tamil Nadu Civil Services (Discipline & Appeal) Rules by issuance of a charge memo dated 28.01.2013 and on the very same day, the 1st petitioner was placed under suspension on the ground of the pending disciplinary proceedings in proceedings No.53744/B1/2011 dated 23.11.2011 and proceedings No.2861/B1/2013/2013 dated 30.01.2013 and the 1st petitioner was not permitted to retire from service.

3. It is the further averment of the 1st petitioner that upon receiving the charge memo, the 1st petitioner submitted his explanation to the charge memo pointing out that he has not caused any financial loss to the department. However, not being satisfied with the explanation, enquiry was initiated against the 1st petitioner and the 1st petitioner participated in the enquiry and placed all the requisite materials. It is the further averment of the 1^st pe the charge against the 1st petitioner is not one of moral turpitude or corruption, the 1st petitioner filed W.P. No.2418/2014 for a direction to pass final orders in the disciplinary proceedings initiated by the 2nd respondent in Charge Memo No.53744/B1/2011 dated 23.11.2011 and finalise the disciplinary proceedings in Charge Memo No.2861/B1/2013/2013 dated 30.01.2013. It is the further averment of the 1st petitioner that this Court, vide order dated 28.01.2014, directed the 2nd respondent to pass final orders on the disciplinary proceedings pending against the 1st petitioner by considering his explanation dated 2.10.2013 within a period of three months from the date of receipt of a copy of the order. Inspite of the same, the 2^nd respondent has not concluded the enquiry and passed any orders within the time frame fixed by this Court.

4. It is the further averment of the petitioners that there was a delay of more than 10 years in concluding the disciplinary proceedings for which no proper explanation was forthcoming, which vitiates the disciplinary proceedings in the eye of law. It is the further averment of the petitioners that W.P. No.20653/2022 was filed before this Court for a direction to the respondents to disburse the retiral benefits payable to the 1st petitioner. However, pending the disposal of the aforesaid writ petition, the 2nd respondent, in a hurried manner, passed the order on 28.08.2022 and produced the order copy before this court and based on the same, this Court, vide order dated 25.08.2022 disposed of the writ petition with a direction to the 1st petitioner to make fresh application to the respondents for payment of eligible monetary benefits as per rule and the respondents were directed to consider the representation, if any, submitted by the 1st petitioner and dispose of t