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    <title>2002 (9) TMI 904 - HIGH COURT OF DELHI</title>
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    <description>An interim Tribunal order passed without deciding the merits did not operate as res judicata against a later challenge to disciplinary proceedings. The charge-sheet and penalty were also unsustainable because the alleged misconduct dated back many years, the charge was issued only much later, and the delay remained unexplained; stale allegations and inordinate delay can vitiate departmental action. The penalty order was further invalid because it was imposed by the appellate authority, which deprived the employee of the statutory right of appeal. The writ petition succeeded and the impugned judgment was set aside.</description>
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    <pubDate>Thu, 19 Sep 2002 00:00:00 +0530</pubDate>
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      <title>2002 (9) TMI 904 - HIGH COURT OF DELHI</title>
      <link>https://www.taxtmi.com/caselaws?id=311102</link>
      <description>An interim Tribunal order passed without deciding the merits did not operate as res judicata against a later challenge to disciplinary proceedings. The charge-sheet and penalty were also unsustainable because the alleged misconduct dated back many years, the charge was issued only much later, and the delay remained unexplained; stale allegations and inordinate delay can vitiate departmental action. The penalty order was further invalid because it was imposed by the appellate authority, which deprived the employee of the statutory right of appeal. The writ petition succeeded and the impugned judgment was set aside.</description>
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      <pubDate>Thu, 19 Sep 2002 00:00:00 +0530</pubDate>
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