https://www.taxtmi.com/caselaws?id=237610 Disciplinary charge memoranda issued after extraordinary and unexplained delay may be quashed where the delay is likely to prejudice the employee's defence. The Delhi High Court applied the settled factors governing stale disciplinary action-length of delay, nature of the charge, the explanation offered, and resulting prejudice-and found that a memorandum issued more than thirteen years after the underlying transaction was unjustified. The department had already investigated the matter and retained relevant records, so the claim that it was awaiting originals or certified copies was untenable. The delay was held to impair a reasonable opportunity of defence and to violate natural justice, and the disciplinary proceedings were quashed. en-us Mon, 23 Sep 2013 00:00:00 +0530 Mon, 06 Jan 2014 12:52:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=237610 Disciplinary charge memoranda issued after extraordinary and unexplained delay may be quashed where the delay is likely to prejudice the employee's defence. The Delhi High Court applied the settled factors governing stale disciplinary action-length of delay, nature of the charge, the explanation offered, and resulting prejudice-and found that a memorandum issued more than thirteen years after the underlying transaction was unjustified. The department had already investigated the matter and retained relevant records, so the claim that it was awaiting originals or certified copies was untenable. The delay was held to impair a reasonable opportunity of defence and to violate natural justice, and the disciplinary proceedings were quashed. Case-Laws Customs Mon, 23 Sep 2013 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=237610