Natural justice in disciplinary proceedings and prolonged suspension may justify pensionary relief, while proportionate punishment stands.
A departmental inquiry will not be vitiated where the employee receives a charge-sheet, files a reply, and is given a fair chance to lead evidence and cross-examine witnesses; on those facts, no breach of natural justice was established and the penalty of compulsory retirement was not interfered with because it was not shown to be wholly unreasonable or shockingly disproportionate. Separately, an unduly prolonged suspension may be counted for pension where the delay in concluding the disciplinary proceedings is not wholly attributable to the employee; on that basis, the suspension period was directed to be included for pensionary benefits.
Issues: (i) Whether the departmental inquiry was vitiated for breach of natural justice and whether the punishment of compulsory retirement was liable to be interfered with as disproportionate; (ii) Whether the long period of suspension was required to be counted for determining pensionary benefits.
Issue (i): Whether the departmental inquiry was vitiated for breach of natural justice and whether the punishment of compulsory retirement was liable to be interfered with as disproportionate.
Analysis: The appellant had been served with a detailed charge-sheet under Rule 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965, filed a reply, and was afforded opportunity to lead evidence and cross-examine witnesses. The inquiry record showed that the procedural requirements of fairness were followed and no denial of reasonable opportunity was established. On punishment, the Court reiterated that once charges are proved, the appointing authority has discretion to determine the penalty, and judicial interference is warranted only where the punishment is wholly unreasonable, arbitrary, or shockingly disproportionate. No such exceptional ground was made out on the facts.
Conclusion: The inquiry was not vitiated by breach of natural justice, and the punishment of compulsory retirement was not interfered with.
Issue (ii): Whether the long period of suspension was required to be counted for determining pensionary benefits.
Analysis: The suspension continued for an unduly long period and the delay in concluding the disciplinary proceedings was not attributable to the appellant alone. The Court held that employers must conclude disciplinary proceedings within a reasonable time and, ordinarily, within six months and not more than a year absent unavoidable circumstances. In the facts of the case, exclusion of the entire suspension period from qualifying service for pension was found unjustified.
Conclusion: The suspension period was directed to be counted for determining pension.
Final Conclusion: The appeal was allowed only to the extent of pensionary relief, while the disciplinary finding and penalty were left undisturbed.
Ratio Decidendi: A departmental inquiry is not vitiated where reasonable opportunity to defend is afforded, and courts interfere with punishment only when it is shockingly disproportionate; an unduly prolonged suspension may be counted toward pension where the delay in concluding proceedings is not wholly attributable to the employee.
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