2007 (1) TMI 562

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....ot in dispute. 4. Respondent herein was working as a Principal in various colleges, situated in the State of Andhra Pradesh. On or about 18.7.1990, several charges of misconduct were framed against him. A departmental proceedings was initiated. In the said departmental proceedings, the Inquiry Officer submitted his report on 8.1.1992. However, before any action could be taken pursuant to and in furtherance of the said report, the respondent retired on 30.6.1992. 5. A proceeding was initiated against the respondent upon service of a notice to show cause as to why 50% of the provisional pension fixed in his favour in terms of an interim orer dated 18.3.1993 in O.A. No. 1992/1993 passed by the Director of Intermediate Education, Hyderaba....

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.... pension to the petitioner from 01.07.1992 duly giving credit to the pension already paid to him. The pension, as directed above, shall be released to the petitioner within a period of two (02) months from the date of receipt of a copy of this order. The arrears of pension shall carry interest at the rate of 12% per annum from 01.071992 till date of payment." 7. The writ petition filed by the respondent herein questioning a part of the order of the Tribunal was also dismissed. 8. The principal issue which falls for our deterimination, in view of the rival contentions advanced by the learned counsl appearing on behalf of the parties, is; whether the High Court was justified in pasing the impugned judgment quashing the disciplinary proc....

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.... leave salary due to irregular Rs. 1,386=40 credit of earned leave for Panchayat Raj Election in 1980-81 (8) Govt. Junior College, Parvathipuram Rs. 1,43,538=00 Total Rs. 4,50,293=00 11. It may be true that there was some delay on the part of the appellants to concude the departmental proceedings. The Tribunal did not accept the contention raised on behalf of the respondent that only by reason thereof the entire departmental proceedings became vitiated. The High Court thus, in our opinion, was required to consider the question as to whether, in the facts and cirucmstances of this case particularly in view of the nature of the charge levelled against the respondent as also the expalanation offered by the appellants in this behalf, it w....

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....r is now squarely covered by the decisions of this Court in Secretary to the Govt. Prohibition & Excise Deptt. v. L. Srinivasan, [1996] 3 SCC 157; P.D. Agrawal. v. State Bank of India and Ors., (2006) 5 SCALE 54; Deputy Registrar, Co-op Societies. Faizabad . v. Sachindra Nath Pandev & Ors., [1995] 3 SCC 134. 14. Learned Councel appearing on behalf of the respondent, however, placed strong reliance on a decision of this Court in M.V. Bijlani. v. Union of India & Ors., [2006] 5 SCC 88. That case was decided on its pecuilar facts. In that case. even the basic material on which a departmental proceedings could be initiated was absent. The departmental proceedings was initiated after 6 Years and continued for a period of 7 years. In that fact....