Time-bound disciplinary proceedings: completion ordered within three months and suspension placed in abeyance pending inquiry outcome.

Failure to complete disciplinary proceedings within the 90 day regulatory period under the Customs Brokers Licensing Regulations, 2018 was held to render continued pendency arbitrary and justify judicial intervention; the court directed reconstitution of the inquiry and completion within three months. Prolonged suspension without an inquiry report was held inconsistent with the principle that suspension cannot be permanent or indefinite; accordingly the suspension was placed in abeyance and the petitioner permitted to resume duty pending inquiry, subject to authorities' right to act on any adverse final finding.

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Issues: Whether the failure of disciplinary authorities to complete the disciplinary proceedings within the statutory time frame under Section 17 of the Customs Brokers Licensing Regulations, 2018, and the consequent prolonged suspension, warrants judicial intervention including directions to complete the inquiry within a limited period and suspension being placed in abeyance.

Analysis: The writ under Article 226 challenges inaction in completing disciplinary proceedings beyond the prescribed 90 days under Section 17 of the Customs Brokers Licensing Regulations, 2018 and seeks revocation of suspension. The regulations provide a time-bound framework for disciplinary enquiry; prolonged inaction without adequate explanation (transfer of an officer being an insufficient reason) renders the continued pendency arbitrary. Suspension for an indefinite period where inquiry remains uncompleted offends the principle that suspension cannot be permanent or indefinite. In light of the absence of any inquiry report and the unexplained delay running well beyond the regulatory period, judicial intervention to remedy arbitrariness and to protect employment rights is warranted. The remedy fashioned directs appointment of a new officer, completion of the disciplinary proceedings within three months, and placing the existing suspension in abeyance pending completion of the inquiry, subject to the authorities' right to act on the eventual inquiry outcome.

Conclusion: The petition is allowed to the extent that the authorities are directed to appoint a new officer and complete the disciplinary proceedings within three months, the suspension shall stand in abeyance and the petitioner is permitted to resume work until the conclusion of the inquiry; if the disciplinary proceedings ultimately hold against the petitioner, the authorities may resume action thereafter.

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