...dates of alleged misconduct and imposition of punishment (which was about nineteen years). This Court has repeatedly held that inordinate delay in initiating disciplinary proceedings is a ground for...1. This is a Government servant's Appeal in regard to punishment imposed in a disciplinary proceedings. 2. The appellant was working as a clerk in the Haryana Health...show cause notice dated 24.12.1992 proposing to punish him for misconduct was invalid. He pointed out that there was a delay of about nine years in issuing the charge-sheet and a delay of seven years...

...delay, in initiating disciplinary proceedings. In the first case, in respect of the incident which has taken place in the year 1998, the charges were framed in 2003. ...inordinate delay in both the cases not only in initiating the disciplinary proceedings against the petitioner but even after second show-cause notice was issued, for the past 18 months no order ha...of which charges have been framed themselves relate to 1998 in the first case and 1992 in the second case. Therefore, looking into any angle, the long delay in initiating the disciplinary ...

...does not disclose the reasons and is non speaking order, and (iii) there has been undue delay in initiating disciplinary proceedings.3. It is admitted that the secretary member is...yet been initiated against the petitioner. The order of suspension cannot be used as an instrument for harassment to an employee. Undue delay in initiating disciplinary proceedings may amount to abuse...have not initiated disciplinary proceedings. In view of the facts and circumstances of the case, I direct the respondents to conclude the disciplinary proceedings against the petitioner, within three...

...ground that there is an inordinate delay in framing the charges and also the charges are framed with closed mind with a pre-determined idea of punishing the petitioners some how or the other. The petitioners would state that apart f...”.18. Mr. Viduthalai, learned Senior Counsel for the petitioners in all these cases would submit that the inordinate delay in initiating disciplinary proceedings would make the imp...extraordinary delay in initiating disciplinary proceedings will vitiate the charge memo.20. In respect of the next contention that the respondents had closed mind and have pre-dete...

...have initiated disciplinary proceedings when the petitioner was in service. There is a delay in initiating disciplinary proceedings which is hurdle for settlement of retiral bene...retiral benefits which is due to the petitioner, if the enquiry is not completed and final order is not passed in the disciplinary proceedings....respondents are directed to complete the disciplinary proceedings which are pending against petitioner within a period of 6 months from today. Failing which the respondents are directed to release all...

...Respondent No.3 to conclude the disciplinary proceedings initiated on the basis of the charge sheet dated 05.03.2010 and pass a final order within six months peremptorily from the date OA NO.2131/2013 of receipt of the copy of the ...applicant is that the intentional delay in issuing the charge sheet is malafide on the part of the respondents. 3. We have heard Shri S.R. Atre, learned counsel for the applicant...submits that the applicant is unnecessarily being harassed and he is losing his opportunity for the next promotion. 5. In the facts and circumstances of the case, we direct the...

...that the petitioners joined the service between 1965 and 1986 and if the respondents are permitted to initiate disciplinary proceedings against the petitioners at this distance of time, that will be totally violative of principles o...taken in the writ petitions. The teamed Counsel would also refer to certain decisions of the Courts to contend that the delay in initiating the disciplinary proceedings is fatal and if the...loss of time ordered enquiry and investigation into those allegations by the Vigilance Inspector of the respondent-Board at Tirupati. 7. It is true that the delay in initiating disciplinary ...

...Tribunal has rightly rejected the same.8. As regard delay, law is clear. Unless delay in initiating disciplinary proceedings is proved to have caused prejudice in the form o...was that petitioner acted under bona fide instructions of superior officer. Lastly petitioner pleaded that initiating the disciplinary proceedings in the year 2005 pertaining to his acts relating to...documentary evidence being lost or witnesses not being available, mere delay by itself would not be suffice to quash the disciplinary proceedings.9. The writ petition is accordingly dismissed with no order as ...

...there is delay in initiating disciplinary proceedings. CWP-21260-2020 (O&M) -2- The Rule aforementioned is clear. It provides that suspension can be extended to a maximum period of 90 days and...thereafter it becomes invalid unless and until before expiry of the said period, the competent authority records reasons in writing for initiating disciplinary proceedings and obtains approval of the next...days extendable to 180 days. The period can be extended upto 180 days only, if, before expiry of the period of 90 days, special circumstances are recorded for not initiating disciplinary proceedings...

...Director of Municipal Administration, Chennai in his proceedings in Roc. No. 12378/2008.OP3-4, dated 29.08.2009, along with Annexure I to IV.3. The learned counsel for the petitioner would submit that while i...Certiorari, to call for the records relating to the impugned memorandum issued by the 1 respondent in his proceedings Roc. No. 12378/2008.OP3-4 dated 29.08.2009 along with Annexure I to IV and quash the same...petitioner. He would further submit that the charge levelled against the petitioner in Annexure I has not been supported by the statement of allegations contained in Annexure II, and therefore, it is bad in...

...whereby and whereunder the respondent initiated disciplinary proceedings against the petitioner.3. The charge memo is challenged primarily on the ground that the petitioner was not given the power to award marks ...to take a decision as to whether any purpose would be served by initiating disciplinary proceedings now. The respondent should also consider the prime contention taken by the petitioner that he was...not given the work of awarding marks during the oral interview in connection with the selection process to the post of Assistant Agricultural Officers. The question of further proceedings to be taken in...

...judgment of the Honble Delhi High Court in the case of Union of India (UOI) And Ors. Vs. Lalit Kumar decided on 09th January, 2007 specifically referring sub para of para 3:- 3 (ii) Since the delay in initiating ...sheet as well as proceedings which have already commenced. It is true that the department is taking some time to dispose off the matter. But, in view of the facts that there has been extreme delay by...cited by the applicant is basically that there should not be inordinate delay in disposing off departmental proceedings. 4. There being a delay of six years in approaching the...

...petition.Learned advocate Mr. Gupta has appeared for the petitioner. He has submitted that there was inordinate delay in initiating disciplinary proceedings. He has also submitted that...departmental inquiry was initiated 10 years after the date of incident. The Honourable Court found that the employer had not given convincing explanation in respect of the said delay. In the matter of M.V Bulani (supra), th...applicability to the facts of the present case.We see no substance in the contentions raised by Mr. Gupta. The disciplinary proceedings was indeed initiated after a delay of around 7 years...

...that the delay of more than 10 years in initiating the disciplinary proceedings by issuance of charge memo would render the departmental proceedings vitiated and that in the absence of an..., [2005 (3) L.L.N 1028] (vide supra), has held that the inordinate delay in initiating disciplinary proceedings would prejudice the public in...shown that he is to blame for the delay or when there is proper explanation for the delay in conducting the disciplinary proceedings. Ultimately, the Court is to balance these two diverse...

.... So far as the issue with regard to delay in initiating disciplinary proceedings is concerned, suffice to submit that no complaint in this regard could have been made by the delinquent officer af...17.11.2003, he responded the same by submitting explanation and further participated in enquiry, therefore, he cannot complain about delay in initiating disciplinary action. It is further submitted that as...far as causing delay in passing appropriate order by the Disciplinary Authority after receiving report of Enquiry Officer is concerned, that is absolutely immaterial as the pendency of the issue in no...

...in the reply 2 regarding inordinate delay in initiating disciplinary proceedings against the applicant. The ...the applicant during all these years. Even for absence from duty in the year 2003, no proceedings, not even a show cause notice seems to have been issued to the applicant. The present charge sheet...satisfactory explanation for the inordinate delay in issuing the charge memo and we are also of the view that it will be unfair to permit the departmental enquiry to be proceeded with at this stage. In...

...was whether a second writ petition against the order of suspension of an employee on the ground of inordinate and unreasonable delay in initiating disciplinary proceedings is maintainable when the...suspension at any time on the ground of inordinate and unreasonable delay in initiating disciplinary proceedings. In that case earlier the order of suspension was challenged by means of writ petit...delay in initiating the disciplinary proceedings. This decision is also not an authority for holding that the second writ petition can be filed after the first has been dismissed. In this connecti...

...proceedings. The counter affidavit does not indicate the stages of disciplinary enquiry between 1987 to 2005. 8. Observing that Charge Memo is liable to be quashed where there is inordinate delay ...disciplinary proceedings. As a matter of fact, the mental agony and sufferings of the appellant due to the protracted disciplinary proceedings would be much more than the punishment. For the mistakes committed by t...vs. M.D., Tamil Nadu Housing Board, learned counsel for the Petitioner Mr.S.M.Subramaniam, contended that the inordinate delay in initiation of disciplinary proceedings would vitiate the disciplinary...

...contention, held that the delay in initiating Disciplinary proceedings will vitiate the entire Enquiry proceedings. Apart from that, the enquiry was conducted ex parte and no witnesses were examin...putting questions and eliciting answers from the delinquent employee would justify the test of reasonableness?4. So far as the first question as to the delay in initiating the Disciplinary ...proceedings would be much more than the punishment. For the mistakes committed by the Department in the procedure for initiating the Disciplinary proceedings, the Appellant should not be made to suffer.”...

...cannot be reckoned for ascertaining whether there was any delay in initiating disciplinary proceedings, to have been negated by the Supreme Court in P.V Mahadevan v. M.D, Tamil Nadu Housin...of disciplinary proceedings is to be computed from the date of happening of the event in relation whereto proceedings are initiated.6. Even when we look into the facts of the case, the..., 2006 and ‘Punjab Kesari’ (Hindi) on 16.9.2006 It resulted in the punishment order dated 26 February, 2007 whereby the Disciplinary Authority imposed penalty of 66% cut for life time from the pension of...