TaxTMI 
TaxTMI 
TaxTMI 
2015 (12) TMI 1720
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....e relevant facts in brief infra. 3) On 01.10.1965, the appellant joined the office of District & Sessions Court, Delhi as Lower Division Clerk. He was confirmed w.e.f. 06.07.1976. Thereafter on 26.07.1986, he was promoted as Upper Division Clerk (U.D.C.). In May, 1989, he was posted as U.D.C. as in-charge of copying agency criminal side at Patiala House Court, New Delhi. 4) While working as U.D.C. and in-charge of Copying Agency (Criminal) at Patiala House Court, on 23.01.1990, the appellant submitted a written complaint against one Window Clerk, namely, Smt. Brij Bala, to the officer in-charge of the Copying Agency, Patiala House Courts stating therein that she is not discharging her duty effectively and she often used to close the count....
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.... statement of articles of charges and other relevant documents. 8) The disciplinary proceedings, which commenced on 18.07.1990, continued for more than nine years. Pending disciplinary proceedings, the appellant sought revocation of suspension order but such representation made by the appellant was not considered. Subsequently, vide order dated 01.03.1999, the then District & Sessions Judge, exercising the powers conferred under Clause C of sub-rule 5 of Rule 10 of CCS Rules revoked the order of suspension with immediate effect. The issue, whether the period of suspension is to be reckoned as period on duty, was not decided and directed to be taken up after conclusion of the disciplinary proceedings. 9) The District & Sessions Judge, Delh....
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....he appellant for imposing the punishment of compulsory retirement. He also made attempt to find fault in departmental inquiry proceedings and contended that the manner in which the proceedings were held would indicate that the appellant did not get fair opportunity to meet the charges and, therefore, the departmental proceedings are rendered bad in law having been conducted in violation of principle of natural justice. 17) In the second place, learned counsel contended that in any event the punishment of compulsory retirement imposed on the appellant was not commensurate with the gravity of charge and being wholly disproportionate to the nature of charges, this Court should interfere in the quantum of punishment and reduce it to make the s....
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....nt was served with detailed charge sheet along with the documents referred to therein. He filed reply to the charge sheet. The parties were then given full opportunity to adduce evidence and which they availed of by examining witnesses in their support and by cross-examining each of them. What more, in our opinion, is then required in any departmental proceedings? The writ court examined this issue in detail and rightly recorded the finding that the inquiry officer observed the principle of natural justice in the departmental proceedings and found no fault in the proceedings so as to entitle the court to interfere in writ jurisdiction. 22) We find no good ground to take a different view on this issue and reject this submission being devoid....
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....o the appointing authority for imposing any other punishment as against what was originally awarded to the delinquent employee by the appointing authority as per the Rules or may substitute the punishment by itself instead of remitting to the appointing authority. 27) Learned counsel for the appellant was not, however, able to show us with reference to the facts of the case that the case of the appellant satisfies any of the aforementioned grounds so as to entitle this Court to interfere in the quantum of punishment and hence, in our considered view, the punishment of compulsory retirement inflicted upon the appellant by the appointing authority having regard to the nature of proved charges appears to be just and proper and does not call f....
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....nce, loss and prejudice to the rights of the delinquent employee. 32) As a matter of experience, we often notice that after completion of the inquiry, the issue involved therein does not come to an end because if the findings of the inquiry proceedings have gone against the delinquent employee, he invariably pursues the issue in Court to ventilate his grievance, which again consumes time for its final conclusion. 33) Keeping these factors in mind, we are of the considered opinion that every employer (whether State or private) must make sincere endeavor to conclude the departmental inquiry proceedings once initiated against the delinquent employee within a reasonable time by giving priority to such proceedings and as far as possible it sho....