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Tribunals and CommissionsDivision Bench(2020) 08 CAT CK 0017

Harpal Singh vs Transport Department (NCT Of Delhi)

Central Administrative Tribunal · Decided on 10 August 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Mohd. Jamshed, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 1016 Of 2020
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Judgment

11 paragraphs · 365 words

L. Narasimha Reddy, J

1.

The applicant is working as Head Constable in the Transport Department of GNCT of Delhi. Disciplinary proceedings were initiated against him and other officials way back in the year 2016. He was placed under suspension on 08.01.2016. It is stated that the departmental enquiry was concluded and the report of the Inquiry Officer (IO) was submitted on 12.06.2020.

2.

The applicant contends that various other officials, who too were issued the charge memos, were reinstated into service on conclusion of the disciplinary proceedings, whereas in his case, it is being protracted.

3.

This OA is filed with a prayer to direct the Disciplinary Authority (DA) to conclude the proceedings within a stipulated time and to consider the feasibility of reinstating the applicant into service.

4.

We heard Ms. Meenakshi Sood, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents.

5.

More than four and a half years have elapsed since the applicant was placed under suspension. The reasons for the long delay in concluding the disciplinary proceedings are not known at this stage. By any standard, such a delay cannot be justified. As a matter of fact, it is the department which is put to loss on account of paying a huge amount towards the subsistence allowance without extracting any work from the applicant.

6.

Now, that the IO has submitted the report, there should not be any delay on the part of the DA in concluding the proceedings. If, for any reasons, the proceedings cannot be concluded within a reasonable time, the applicant deserves to be reinstated into the service.

7.

We, therefore, dispose of the OA directing that

(a) the DA shall conclude the proceedings on the basis of the Inquiry Report dated 12.06.2020 within four weeks from today.

(b) if, for any reasons, the proceedings could not be concluded within the aforesaid time, the applicant shall be reinstated into service subject to the outcome of the disciplinary proceedings. There shall be no order as to costs.

8.

We direct that the operative portion of the order shall be brought to the notice of the DA by the learned counsel for the respondents.