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2019 (6) TMI 1129 - HC - Indian LawsDelay in the matter of initiation of disciplinary proceedings - whether there is inordinate delay and if so, whether the official respondents offered explanation for the delay? - HELD THAT:- The time taken for identifying the delinquent and then arriving at a prima facie conclusion regarding the nature of his involvement cannot be taken as vital and fatal so as to cause prejudice to the delinquent employee or to hold that despite such situation the delay should be taken as sufficient to stifle the proceedings abruptly. In short, in such circumstances and taking into account the period of alleged delay the explanation cannot be said to be unsatisfactory and in fact, in the circumstances obtained in this case, it cannot be taken that there occurred inordinate delay. We do not find any reason to hold that the authorities were not serious in initiating disciplinary proceedings or in pursuing with the charges against the petitioner. The delay occurring in the matter of conduct of disciplinary proceedings since the filing of the Original Application cannot be a reason available to the petitioner to contend against the continuation of the disciplinary proceedings initiated under Annexure- A1. In short, on the ground of delay the disciplinary proceedings initiated against the petitioner invite no interference. Whether the disciplinary proceedings based on Annexure-A1 invites interference and an abrupt termination on any other ground? - HELD THAT:- We do not find any reason to disagree with the conclusions arrived at by the Tribunal that they are nothing but imputations, the verity or otherwise of it could be proved only at the final enquiry. At any rate, merely because the imputations are couched in such a manner in paragraph 23, that by itself cannot be a reason to terminate the proceedings abruptly. Still, as an abundant caution we make it clear that those extracted recital shall not be taken as conclusions against the petitioner and they shall be regarded only as prima facie view for the purpose of initiation of disciplinary proceedings and sought to be proved against the petitioner at the enquiry. The charges levelled against the petitioner are very serious. It is taking note of the fact that they pertain to leakage of information regarding the identity of the informant as also the details of the information passed on by the informant to the assessee from a higher officer of the department coupled with the case of the complainant- informant that the leakage of such aspects led to threat to his life that we opined that the charges levelled against the petitioner are very serious. We have no hesitation to hold that the Tribunal had very rightly held that it would be too early, in other words premature, to go into such aspects and essentially, the hollowness or otherwise of the allegations could be found out only in appropriately conducted disciplinary proceedings. At any rate, based on the said fact the petitioner cannot claim for quashment of Annexure-A1 memorandum of charges. We do not find any compelling reason to interfere with the order passed by the Tribunal in O.A.No.726 of 2015 and to bring about an abrupt termination of disciplinary proceedings by setting aside Annexure-A1 and incidental proceedings. At the same time, we are of the view that no further delay can be brooked in the matter of disciplinary proceedings initiated under Annexure-A1 and hence, it shall be concluded as expeditiously as possible, within a period of six months from the date of receipt of a copy of this judgment. Petition dismissed.
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