P.V. Mahadevan vs M.D. Tamil Nadu Housing Board on 8 August, 2005
11. Law is well settled that the inordinate delay in initiation of
the disciplinary proceedings is a ground for quashing the enquiry unless the
respondent satisfactorily explains the delay. In this case, the reason stated
by respondent that the delay is due to administrative reasons cannot be a ground
to accept that the delay is not fatal. When no explanation is forthcoming with
regard to the delay, necessarily the unexplained delay would cause serious
prejudice to the employee. Thereafter, the enquiry will have to be quashed as
held by the Supreme Court in State of Andhra Pradesh vs. N.Radhakishan, 1998 (4)
SCC 154; P.V.Mahadevan vs. Managing Director, Tamil Nadu Housing Board, 2005 (4)
CTC 403 and Ranjeet Singh vs. State of Haryana & others, 2008 (3) CTC 781.
There are no special circumstances to explain the inordinate delay and
therefore, the enquiry is vitiated.