The petitioner has come up before this Court alleging that the 4th respondent has intentionally flouted the guidelines and instructions contained in Exhibits P8 and P9 issued by the 2nd respondent, regarding the disposal of disciplinary proceedings. 2. The petitioner, who is working as Commandant under the 2nd respondent, has a grievance that the Departmental Inquiry by the 4th respondent is in violation of the time frame of 6 months for completing the same as per the existing schedule of the time limits in conducting investigations and departmental inquiries issued by the 2nd respondent. According to him, after the lapse of three years, a Departmental Inquiry was ordered against the petitioner as per Exhibit P1 dated 13.08.2009. According to him, his grievance has been highlighted in Exhibit P7 dated 11.09.2012 before the 3rd respondent. It was the further case that in the interregnum, two Commandants, junior to the petitioner, had been promoted by order dated 05.06.2012.
3. The respondent filed a detailed counter affidavit explaining the delay in completing the inquiry against the petitioner.
4. Arguments have been heard.
5. The learned counsel for the petitioner invited my attention to Exhibits R1(a) and R1(b) and would argue that some other official was also involved in the alleged malpractice and that officer is left unrest. According to the learned counsel for the petitioner, the petitioner alone was targeted with malafide motives.
6. After having considered the entire matter in detail, this Court is of the view that this writ petition can be disposed of directing the Head Office of the respondent concerned to complete the inquiry within a time frame.
Therefore, the writ petition is disposed of. The head office of the respondent concerned is directed to complete the inquiry. In the inquiry, the petitioner shall be afforded available opportunity to produce the documents in support of his case. An opportunity of a fair hearing also shall be extended to the petitioner. It is hereby made clear that the inquiry, involvement of the petitioner as well as any other person shall be the subject matter. The entire exercise shall be completed by the authority concerned within a period of five months from the date of receipt of a copy of this judgment. To facilitate an early action, it shall be open to the petitioner to produce a copy of this judgment before the authority concerned within a period of one month. Needless to say, the petitioner shall co-operate with the Inquiry Officer through out the proceedings without fear.
Sd/- A.V.RAMAKRISHNA PILLAI (JUDGE).
DSV/25/06