Prolonged Disciplinary Proceedings Without Just Cause Amounts To Punishment, Delay Causes Mental Agony For Employee: P&H High Court

The Punjab & Haryana High Court said that every delinquent employee has a legitimate right to have such proceedings concluded expeditiously. The Court noted that undue and unexplained delays cause mental agony, financial hardship, and social stigma, amounting to punishment even before any guilt is established.Justice Harpreet Singh Brar said, "Every delinquent employee has a legitimate right to have disciplinary proceedings concluded expeditiously. Undue prolongation causes mental agony, financial hardship, and social stigma, even before the charges are proven. This is considered a punishment in itself. When delay is abnormal and remains unexplained by the department, prejudice to the delinquent is presumed. The employee may suffer from loss of evidence, non-availability of witnesses, fading memory, and inability to defend effectively.""While serious charges may warrant continuation, prolonged delay without justification tilts the balance in favor of quashing the proceedings," the Court added.It further said that the employer must conduct proceedings diligently and without unnecessary delay. Protracted enquiries defeat the very purpose of disciplinary mechanism, instead of ensuring efficiency, integrity, and accountability they breed inefficiency, demoralization, and distrust in the system. "A lack of seriousness in pursuing charges reflects poorly on the administration and may indicate malice or oblique motives, the employer cannot be permitted to keep the sword of disciplinary action dangling over an employee indefinitely," the judge opined.The plea was filed by an employee of Punjab State Power Corporation Ltd. to release all the retrial benefit amount, who was suspended in 2011 and and the punishment order was passed after 4 1⁄2 years. The counsel for the petitioner contended that, as such, on the ground of delay, the disciplinary proceedings stand vitiated and It is trite law that the disciplinary proceedings are required to be concluded within a reasonable despatch and relies upon the judgment of Supreme Court passed in Prem Nath Bali Versus Registrar, High Court of Delhi and another, 2015. The punishing authority has awarded a minor punishment of censure and at the same time, ordered the period of suspension to be considered as the leave of the kind due, he added.The Court allowing the plea directed the competent authority to release all retiral dues including leave encashment and gratuity with interest @ 6% per annum on the delayed payment to be calculated after two months of retirement of petitioner.Mr. Amit Sharma, Advocate for the petitioner. Mr. Aman Sharma, Advocate for the respondents. Title: Ashok Kumar v. PSPCL and anotherCitation: 2025 LiveLaw (PH) 401Click here to read order

Prolonged Disciplinary Proceedings Without Just Cause Amounts To Punishment, Delay Causes Mental Agony For Employee: P&H High Court

Aiman J. Chishti

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