Shri Anant R. Kulkarni vs. Y.P. Education Society & Ors, Civil Appeal No. 3935
of 2013 (Decided on 26.04.2013)
The
Court examined following question:
“Whether
the enquiry can be quashed on the ground of delay?”
The court/tribunal should not generally set
aside the departmental enquiry, and quash the charges on the ground of delay in
initiation of disciplinary proceedings, as such a power is de hors the
limitation of judicial review. In the event that the court/tribunal exercises
such power, it exceeds its power of judicial review at the very threshold.
Therefore, a charge-sheet or show cause notice, issued in the course of
disciplinary proceedings, cannot ordinarily be quashed by court. The same principle
is applicable in relation to there being a delay in conclusion of disciplinary
proceedings. The facts and circumstances of the case in question, must be
carefully examined, taking into consideration the gravity/magnitude of charges
involved therein. The Court has to consider the seriousness and magnitude of
the charges and while doing so the Court must weigh all the facts, both for and
against the delinquent officers and come to the conclusion, which is just and
proper considering the circumstances involved. The essence of the matter is
that the court must take into consideration all relevant facts, and balance and
weigh the same, so as to determine, if it is infact in the interest of clean and
honest administration, that the said proceedings are allowed to be terminated,
only on the ground of a delay in their conclusion. [Para 8]
The
Court quoted following case law
State
of Madhya Pradesh v. Bani Singh & Anr., AIR 1990 SC 1308;
M.V.
Bijlani v. Union of India & Ors., AIR 2006 SC 3475;
Union
of India & Anr. v. Kunisetty Satyanarayana, AIR 2007 SC 906;
The Secretary,
Ministry of Defence & Ors. v. Prabash Chandra Mirdha, AIR 2012 SC 2250; and
Chairman, LIC of India & Ors. v. A.
Masilamani, JT (2012) 11 SC 533).
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