Keeping Disciplinary Proceedings Pending Against Employee After 1.5Yrs Of Inquiry Report Submission 'Unreasonable': Allahabad HC

The Allahabad High Court recently observed that a period of 1.5 years is an 'extremely unreasonable long time' to keep disciplinary proceedings pending against an employee after the submission of an inquiry report.

The bench of Justice Alok Mathur observed so while dealing with the case of one Yatendra Kumar (suspended General Manager, U.P. Nirman Nigam Ltd), challenging his suspension order passed by the UP Government in June 2020 in contemplation of departmental proceedings initiated against him.

It was his grievance that neither a show cause notice has been given to him, nor disciplinary proceedings been concluded despite the fact that an inquiry report has already been submitted to the Disciplinary Authority in March 2021.

It was his submission before the Court that as petitioner would be superannuated on 31st December 2022 and likely to retire during his suspension, therefore, pendency of the disciplinary proceedings would adversely affect his post-retiral dues and other service benefits admissible to him.

Taking note of the facts of the case and the arguments advanced, the Court opined that if the inquiry report was submitted in March, 2021, there was no reason as to why disciplinary proceedings have not been concluded within a reasonable time, thereafter.

Further, when the Court was informed by the State's counsel that two weeks time is required for passing final orders in the matter, the Court though it appropriate to dispose of the plea wwith direction to the competent authority to conclude the inquiry proceedings within maximum period of three weeks.

Significantly, the Court further observed that in case disciplinary proceedings are not concluded within the time prescribed above, the impugned order of suspension dated June 1, 2020 would cease to exist.

Senior Advocate S.C. Misra assisted by Advocate Shivanshu Goswami appeared for the petitioner.

Case title - Yatendra Kumar v. State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Public Works Deptt. Lko. And 4 Others [WRIT - A No. - 2670 of 2022]

Case Citation: 2022 LiveLaw (AB) 501

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