Sharad Kumar vs Union Of India & Others

L. Narasimha Reddy, J

The applicant retired from service as Joint Director in the ESIC on 31.12.2015. Two days before his retirement, he was issued a charge memo, i.e.,

on 29.12.2015. The disciplinary proceedings are being continued from then onwards.

The grievance of the applicant is that the proceedings are kept pending indefinitely and on account of that, he is being denied of his retiral benefits

and, in particular, leave encashment and gratuity.

This OA is filed with a prayer to direct the respondents to conclude the proceedings referable to the charge memo dated 29.12.2015, within a

reasonable time.

The applicant contends that the very fact that the charge memo was issued just before his retirement discloses the lack of bona fides, and the

pendency thereof for the past five years is causing him serious hardship.

The respondents filed a detailed counter affidavit. It is stated that much of the delay was on account of the applicant, in insisting on furnishing of

certain documents, though at a later point of time, he did not press for the relief. The factors such as COVID-19 are said to have added to the delay in

conclusion of the pendency. It is stated that the leave encashment cannot be granted when the disciplinary proceedings are pending.

We heard Sh. Padma Kr. S, learned counsel for the applicant, Sh. Gyanendra Singh, learned counsel for respondent no.1 and Sh. Rajesh Kumar,

learned counsel for respondent no. 2.

The charge memo was issued to the applicant way back in the year 2015, that too on the verge of his retirement. By any standard, five years is a

very long period. The record however discloses that the applicant has also contributed for the delay. It is only recently that he did not press for

furnishing of such charges.

We are of the view that the proceedings can be concluded as early as possible and not later than six months. The benefit of leave encashment

cannot be extended to the applicant as long as the proceedings are pending.

We, therefore, dispose of the OA directing the respondents to conclude the disciplinary proceedings against the applicant, initiated vide charge

memo dated 29.12.2015, within a period of six months from today.

There shall be no order as to costs.