Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel appearing for respondents.
By means of the present petition, the petitioner has challenged the charge sheet dated 30.05.2006, a copy of which is Annexure-1 to the petition. The charge sheet has been challenged on various grounds including the ground that this Court vide order dated 10.10.2014 passed in Writ Petition No.1397 (SB) of 2014 had extended the time for conclusion of the inquiry yet the said inquiry has not been concluded.
Learned counsel for the petitioner after arguing at length submits that he is confining his argument to a time frame being fixed for conclusion of the inquiry as pending against the petitioner since last 13 years and the petitioner having been unnecessarily kept under suspension.
Learned counsel for the petitioner contends that the petitioner has been placed under suspension on 30.05.2006. The copy of the suspension order dated 30.05.2006 is Annexure-2 to the petition. Thereafter, inquiry was started against the petitioner in pursuance to the charge sheet dated 30.05.2006 yet till date neither the inquiry has been completed nor the suspension order of the petitioner has been revoked.
This Court vide order dated 23.07.2019 had required the respondents to seek instructions as to the action that had been taken by the Government in pursuance to the letter dated 23.05.2016 sent by the Agra Development Authority to the Government for the purpose of departmental inquiry against the petitioner, a copy of which is part of Annexure-15 to the petition.
Today, learned Additional Chief Standing Counsel on the basis of instructions informs that though an ex-parte inquiry report had been submitted against the petitioner on 27.02.2017 yet on the request made by the petitioner for allowing him to participate in the said inquiry, a notice had been issued to two complainants but despite repeated letters sent to the said complainants they failed to turn up. It is also contended that through order dated 13.08.2019 passed by the Under Secretary, Avas and Shahri Niyojan, Lucknow, directions have been issued to the Inquiry Officer to conclude the inquiry within 20 days. It is contended that the said period as specified by the Under Secretary is about to lapse. Sri D.C. Pathak, learned Additional Chief Standing Counsel, prays that some time may be given to complete the inquiry and for submission of the final report.
It is contended by learned counsel for the petitioner that taking into consideration the law laid down by Hon'ble Supreme Court in the case of Prem Nath Bali vs. Registrar, High Court of Delhi & another-2015(16) SCC 415, every employer must make sincere endeavour 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 should be concluded within six months as an outer limit. It is contended that on the one hand the respondents have continued to place the petitioner under suspension since 30.05.2006 i.e. for the last 13 years and on the other hand they have failed to conclude the inquiry within reasonable time and thus there is no occasion for the respondents to allow the petitioner to continue under suspension also even though the charge sheet itself merits to be quashed on the ground of protracted inquiry.
Learned counsel for the petitioner further submits that continuing the petitioner under suspension since 30.05.2006 on the one hand and not concluding the inquiry on the other hand is gross and arbitrary exercise of powers at the hands of the respondents. He contends that at this stage he would be willing to have a time frame fixed within which the respondents be directed to conclude the inquiry, failing which, the suspension order be revoked.
To the said prayer, learned Additional Chief Standing Counsel has no objection.
Having heard learned counsel for the contesting parties and having perused the records, what clearly comes out is that the petitioner has been kept under suspension since 30.05.2006 and at the same time, the inquiry has also not been concluded till date. Accordingly taking into consideration the law laid down by Supreme Court in the case of Prem Nath Bali (supra) and the fact that the petitioner has been kept under suspension since 30.05.2006 i.e. for the last 13 years and in view of the consensus between learned counsel for the parties, the present petition is disposed of with direction to the Disciplinary Authority to ensure that the disciplinary proceedings as pending against the petitioner through the charge sheet dated 30.05.2006 are concluded within a period of three weeks from today. It is made clear that in case the said disciplinary proceedings are not concluded and a final order is not passed then the suspension order dated 30.05.2006 shall stand automatically revoked.
Order Date :- 29.8.2019 A. Katiyar