Stale disciplinary allegations: inordinate unexplained delay can bar continuation of departmental proceedings.

An unexplained and inordinate delay in initiating disciplinary proceedings can render stale allegations unsuitable for continued inquiry. Where the alleged misconduct related to 1972 and the authorities failed to act promptly or give a satisfactory explanation for the long interval, the delay in collecting particulars did not justify the further lapse before initiation and completion of the proceeding. The allegations had lost freshness with time, and the departmental proceeding was not permitted to continue; the impugned order was quashed.

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Issues: Whether a disciplinary proceeding initiated after an unexplained and inordinate delay, in relation to stale allegations, could be allowed to continue.

Analysis: The allegations related to the year 1972, while the impugned departmental proceeding was initiated much later. Even assuming that the proceeding was commenced in the light of prior observations of the Court, there was no satisfactory explanation for the long interval thereafter. The authorities were not shown to have acted promptly and diligently, and the time taken to collect particulars did not justify the further delay in initiating and concluding the proceeding. In these circumstances, the allegations had lost freshness and had become stale with the passage of time.

Conclusion: The disciplinary proceeding could not be permitted to continue and the impugned order was quashed.

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