M.Asokan (Died) vs The Registrar Of Co-Operative ... on 1 March, 2024
The very same ground has been specifically raised in
this appeal before this Court wherein it is stated that the
delay of more than 10 years in initiating the disciplinary
proceedings by issuance of charge memo would render the
departmental proceedings vitiated and that in the absence of
any explanation for the inordinate delay in initiating such
proceedings of issuance of charge memo would justify the
prayer for quashing the proceedings as made in the writ
petition.''
https://www.mhc.tn.gov.in/judis
Page 16 of 20
W.P.No.29014 of 2010
4.7.The relevant portion of the order in W.P.No.34197 of 2016 in the
case of B.Maximus Vs. The State of Tamil Nadu & ors is extracted herein
under,
“10. The Hon'ble Supreme Court and this Court in
numerous decisions have held that inordinate delay in
initiation or completion of disciplinary proceedings by itself
would cause grave prejudice to the rights of the government
employees and interfered with disciplinary proceedings on
that ground alone. In this case, to say that there was
inordinate delay in completion of the departmental action is
an understatement. .”