No action against govt employee if inordinate delay: CAT
Disciplinary proceedings against a government employee can be quashed if there is "inordinate and unexplained" delay in initiating it, the Central Administrative Tribunal has said.
New Delhi: Disciplinary proceedings
against a government employee can be quashed if there is
"inordinate and unexplained" delay in initiating it, the
Central Administrative Tribunal has said.
The tribunal passed the order while quashing a
departmental inquiry against a CPWD engineer on the ground
that the government had initiated the proceeding against him
after a time gap of 13-years.
"The inordinate and unexplained delay in issuing the
charge memorandum, the non-supply of the most crucial piece of
evidence, very slow progress of the inquiry and the tone and
tenor of the inquiry officer`s report, on balance, go against
the government," the tribunal, comprising Vice-Chairman L K
Joshi and Member Dharam Paul Sharma, said.
The CAT passed the order on a petition filed by P K
Mathur, now a retired superintendent engineer of Central Works
Public Department (CPWD), challenging the departmental
proceedings initiated against him.
The tribunal ordered the CPWD to stop the inquiry
against Mathur and quashed the findings of the report with the
direction to provide all post-retirement consequential
benefits to the petitioner.