Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings

Recently, the Allahabad High Court terminated the disciplinary proceedings against petitioner-employee in which chargesheet had issued in 2009 and no action was taken since then.Petitioner was a Gram Panchayat Adhikari. Though he was set to retire on 31.12.2009, he was suspended on 29.12.2009 due to a pending inquiry against him. He was served a chargesheet on 29.12.2009. After his retirement, the post retiral dues were withheld and there was no action regarding the disciplinary proceedings initiated against him. Petitioner approached the High Court seeking payment of retiral dues and conclusion of the disciplinary proceedings. The Court observed that the District Panchayat Raj Officer, Ghazipur, in his personal affidavit, could not explain the reasons for 15 years delay in concluding the disciplinary proceedings. It was observed that in another writ petition, compliance affidavit had been filed in 2012 stating that almost entire provisional pension as well as GPF had been paid to the petitioner. it was noted that the disciplinary proceedings were still pending. In State of A.P. vs. N. Radhakishan, the Supreme Court had held that an employee is entitled to expeditious disposal of disciplinary proceedings against himself. It was held that the Court must balance between the delay in the disciplinary proceedings by the employee and the employer. It held that “delay defeats justice.”Justice Neeraj Tiwari held “In present case, there is nJustice Neeraj Tiwario explanation as to why departmental proceeding has not been concluded even after completion of 15 years. Therefore, under the facts of the case, once charge sheet was served upon petitioner on 29.12.2009 and till date, departmental proceeding has not been completed, there is no occasion for the Court to permit respondent-authorities to continue with departmental proceeding initiated pursuant to the charge sheet dated 29.12.2009. Accordingly, departmental proceeding stands terminated.”It was directed that petitioner be paid full post retiral dues from the date of his retirement, i.e., 31.12.2009 along with 6% interest from the date the dues arose to the actual date of payment. Further, the Court directed that if the dues were not cleared in 4 months, then 12% interest rate would be applicable. Case Title: Ram Bali Ram v. State of U.P. and Another 2025 LiveLaw (AB) 7 [WRIT - A No. - 14564 of 2024]Case citation: 2025 LiveLaw (AB) 7Click Here To Read/Download Order

Chargesheet Issued In 2009, No Inquiry For 15 Years: Allahabad High Court Terminates Disciplinary Proceedings

Upasna Agrawal

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