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2019 (12) TMI 707 - DELHI HIGH COURTDisciplinary proceedings - prayer for quashing of charge sheet - principal ground on which the charge-sheet was impugned was that it was extraordinarily belated and the delay itself had caused the Petitioner prejudice - HELD THAT:- In the present case, the Court finds that the complaint of Mr. Satish Kumar Gupta, one of the contractors whose bid was rejected, was received in 2007 itself, but the investigation pursuant to that complaint stretched on till 2015. During this entire period, there was no question of the Petitioner contributing to the delay. In other words, the Respondents have no plausible explanation for an eight years delay in completing even the preliminary enquiry. In the meanwhile, the Petitioner's case for further promotion as Pay and Accounts Officer ('PAO') was deferred in view of the pendency of the above disciplinary proceedings. The recommendations in regard to the Petitioner's promotion as PAO were kept in a sealed cover. This Court is of the view that the CAT was in error in concluding that no prejudice was caused to the Petitioner on account of the delay in issuing him the charge sheet and that on merits the charge-sheet issued to the Petitioner was justified in law. Petition allowed.
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