https://www.taxtmi.com/caselaws?id=460826 SC allowed appeal in disciplinary proceedings case where appellant faced penalty of stoppage of one increment with cumulative effect for allegedly deserting wife and children. Wife initially complained but later withdrew complaint through affidavit, stating it was filed under mistaken notion. Despite withdrawal and wife's non-appearance as witness, Inquiry Officer proceeded and found appellant guilty of desertion charge while exonerating him of cohabitation charge. SC held that 425-day delay in filing application was sufficiently explained and Tribunal/HC erred in not adopting liberal approach to condone delay. Court found penalty unjustified due to lack of evidence and complaint withdrawal. Matter remanded to disciplinary authority for reconsideration. en-us Mon, 05 Aug 2024 00:00:00 +0530 Mon, 11 May 2026 11:26:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=460826 SC allowed appeal in disciplinary proceedings case where appellant faced penalty of stoppage of one increment with cumulative effect for allegedly deserting wife and children. Wife initially complained but later withdrew complaint through affidavit, stating it was filed under mistaken notion. Despite withdrawal and wife's non-appearance as witness, Inquiry Officer proceeded and found appellant guilty of desertion charge while exonerating him of cohabitation charge. SC held that 425-day delay in filing application was sufficiently explained and Tribunal/HC erred in not adopting liberal approach to condone delay. Court found penalty unjustified due to lack of evidence and complaint withdrawal. Matter remanded to disciplinary authority for reconsideration. Case-Laws Indian Laws Mon, 05 Aug 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=460826