'Employer Must Make Efforts To Expedite Departmental Proceedings Against Delinquent Employee', Rajasthan High Court

The Petitioner was issued a chargesheet under Rule 16 of the Rajasthan Civil Services (Classification, Control and Appeal) Rules, 1958 on 04.09.2024. He sent a reply to the charge-sheet in the office of Disciplinary Authority and it was alleged that the enquiry was taking place at quite a slow pace. Since the date of retirement was fixed on 31.03.2025, the petitioner approached the Court seeking to expedite the disciplinary proceedings so that the same could be concluded before the retirement of the Petitioner.

The Court referred to the decision in the case of Prem Nath Bali Vs. Registrar, High Court of Delhi and Ors. AIR 2016 SC 101, wherein it was held that it was incumbent upon the Employer to make sure that if any departmental inquiry was initiated against an employee, the same was concluded in the shortest possible time. It was held that in such cases, priority measures were to be taken to wind up the process of inquiry within a short span.

Moreover, especially in cases where the delinquent employee was suspended while the inquiry was still in process, the duty to conclude the inquiry fell upon the Employer so as to avoid any inconvenience, loss and prejudice to the rights of the delinquent employee.

Citing the decision mentioned above, the Court opined that even after an inquiry against a delinquent employee comes to an end, there might be cases of adverse findings against such employee which may certainly lead in pursuing the matter in Court, taking more time before the Court arrives at the final decision. Noting so, the Court held that in cases involving employees who have departmental enquiries pending against them, it becomes the responsibility of the Employers to make sure that such inquiries are carried out expeditiously. The Court held that after a Departmental Enquiry is held against a delinquent employee, the Employer must try to have the proceedings concluded within a reasonable time and the same must be prioritised. The Court held that an outer limit of six months to conclude the proceedings would be feasible.

Stating further, in cases where certain unavoidable situations may arise leading in a delay in concluding the proceedings, the Court held that the Employer should consider the cause and the nature of inquiry and make efforts to conclude the proceedings within a reasonable time frame.

Making these observations, the Court directed the Employer to expedite the proceedings against the Employee, taking into consideration his retirement date. The Court instructed the Respondents to conclude the domestic enquiry within a period of four weeks.

Case Title: Sushila Devi Jatav versus State of Rajasthan

Citation: 2025 LiveLaw (Raj) 56

Counsel for Petitioner: Mr. Tarun Jaiman

Click Here To DownloadJudgment/Order