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Vijay Singh Rana vs Union Of India

Central Administrative Tribunal · Decided on 28 September 2020 · Citation: (2020) 09 CAT CK 0119

HON’BLE JUDGES
L. Narasimha Reddy, J · A.K. Bishnoi, Member (A)
RESULT
Dismissed
CASE NUMBER
Original Application No. 981 Of 2020
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Judgment

9 paragraphs · 348 words

L. Narasimha Reddy, J

1.

The applicant is working as Senior Statistical Officer in the Ministry of Statistics and Programme Implementation. Disciplinary proceedings were initiated against him by issuing a charge memo dated 22.09.2017.

2.

Not satisfied with the explanation submitted by the applicant, the Disciplinary Authority ordered inquiry. Substantial progress took place in the enquiry and at that stage the applicant filed OA No. 512/2020. The OA was disposed of on 20.02.2020 declining to interfere with the impugned order but four months time was fixed for the conclusion of disciplinary proceedings. This OA is filed challenging the charge memo dated 22.09.2017 as well as order dated 20.05.2018, through which disciplinary authority appointed one Mr. Deepak Verma as the Presenting Officer. The principal ground urged by the applicant is that the proceedings were not completed in the time frame stipulated by this Tribunal in OA No.512/2020.

3.

We heard Sh. Tushar Mohanty, learned counsel for the applicant and Sh. Y.P. Singh, learned counsel for the respondents.

4.

The charge memo was issued way back in the year 2017 and for one reason or the other, the disciplinary proceedings could not be concluded.

5.

It is no doubt true that the Tribunal stipulated four months time for completion of the pleadings in the order dated 20.02.2020. The circumstances that led to the non conclusion of the proceedings even by this time are not before us.

6.

Two factors are important in this OA. First is that in case, the time frame stipulated by this Tribunal is not adhered to, the remedy is to file a contempt. The disciplinary proceedings cannot be terminated just because there was failure to stick to the time schedule.

7.

The second aspect is that the entire human activity has suffered serious impact on account of the outbreak of COVID-19 pandemic. The delay caused on that account for various activities was virtually condoned by the Courts as well as the administration.

8.

We do not find any merit in the OA and accordingly, the same is dismissed. There shall be no order as to costs.