Order

19/03/2025

1. A limited prayer has been made by the counsel for the petitioner for issuing directions to the disciplinary authority to complete the departmental proceedings of charge-sheet dated 16.11.2022 within a time frame.

2. Learned counsel for the petitioner submits that the charge-sheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 (for short ‘the Rules of 1958’) was served upon the petitioner on

16.11.2022, but in-spite of passing of considerable time, till date, the same has not been decided and now, the petitioner is approaching toward the age of his retirement i.e. on 31.07.2025. Counsel submits that in case, charge- sheet remains pending at the time of retirement of the petitioner, he would not be in position to get retiral dues, therefore, appropriate directions be issued to the authorities concerned to conclude departmental proceedings, expeditiously.

3. In the case of Prem Nath Bali Vs. Registrar, High Court of Delhi and Ors., reported in AIR 2016 SC 101 the Hon’ble Apex Court has emphasized that it is the duty of the employer to ensure that the departmental inquiry initiated against the delinquent employee is concluded within the shortest possible time by taking priority measures. In cases where the delinquent is placed under suspension during the pendency of such inquiry then it becomes all the more imperative for the employer to ensure that the inquiry is concluded in the shortest possible time to avoid any inconvenience, loss and prejudice to the rights of the delinquent employee.

4. As a matter of experience, this Court has noticed that after completion of the inquiry, the issue involved therein does not come to an end because if the findings of the inquiry proceedings have gone against the delinquent employee, he invariably pursues the issue in Court to ventilate his grievance, which again consumes time for its final conclusion.

5. Keeping these factors in mind, this Court is of the considered opinion that every employer (whether State or private) must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as an outer limit. Where it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time frame, then efforts should be made to conclude within reasonably extended period depending upon the cause and the nature of inquiry.

5. Considering the above limited prayer of the petitioner, the instant writ petition stands disposed of by issuing directions to the respondents to conclude the departmental proceedings expeditiously as early as possible, preferably within a period of three months from the date of receipt of certified copy of this order.

6. The stay application and all pending applications, if any, also stand disposed of.

(ANOOP KUMAR DHAND),J KuD/52 Powerd by TCPDF (w.tcpdf.org)