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Hemantkumar Chitranjan Raval vs State Of Gujarat on 25 March, 2022 cites

Kiritbhai Shankar Patel vs State Of Gujarat on 27 December, 2018

24. The coordinate bench of this Court in case of Kiritbhai Shankar Patel (supra) has considered the aspect of delay in inquiry proceedings at every stage and where such delay would vitiate the inquiry Page 19 of 25 Downloaded on : Thu Mar 31 20:28:27 IST 2022 C/SCA/5580/2021 JUDGMENT DATED: 25/03/2022 proceedings. Considering the various decisions of the Supreme Court in paragraph nos.5 and 6, the Court observed as under:
Gujarat High Court Cites 6 - Cited by 7 - N V Anjaria - Full Document

Anant R Kulkarni vs Y.P.Education Society & Ors on 26 April, 2013

5.1 In Anant R. Kulkarni v. Y.P. Education Society [(2013) 6 SCC 515] the Supreme Court observed in paragraph 14 with regard to belated conduct of inquiry that whether the court would be inclined to quash the departmental proceedings on the ground of delay would depend upon the facts and circumstances of the case. It was observed that though ordinarily the court should not set aside Page 20 of 25 Downloaded on : Thu Mar 31 20:28:27 IST 2022 C/SCA/5580/2021 JUDGMENT DATED: 25/03/2022 the departmental inquiry or quashed the charges on the ground of delay in initiation in the proceedings, the test of prejudice caused by delay may be a overriding consideration. The court must weigh all the facts to finally make up its mind.
Supreme Court of India Cites 20 - Cited by 262 - B S Chauhan - Full Document

M.V. Bijlani vs Union Of India & Ors on 5 April, 2006

5.2 In M.V. Bijlani v. Union of India [(2006) 5 SCC 88] the issue of belated commencement of departmental inquiry was dealt with by the Apex Court. It was observed in the facts of the case that the High Court failed to take into consideration that the disciplinary proceedings were initiated after six years and they continued for a period of seven years. It was stated that thus initiation of the disciplinary proceedings as also continuation thereof after such a long time evidently prejudiced the delinquent officer.
Supreme Court of India Cites 1 - Cited by 837 - S B Sinha - Full Document

The State Of Madhya Pradesh vs Bani Singh And Another on 5 April, 1990

5.3 The Supreme Court in State of M.P. v. Bani Singh [1990 Supp SCC738] also leaned towards quashment of the proceedings on the ground of delay which, according to the Apex Court, occasioned prejudice. It was observed and held thus, "The irregularities which were the subject-matter of the enquiry are said to have taken place between the years 1975-77. It is not the case of the department that they were not aware of the said irregularities, if any, and came to know it only in 1987. According to them even in April 1977 there was doubt about the involvement of the officer in the said irregularities and the investigations were going on since then. If that is so, it is unreasonable to thing that they would have taken more than 12 years to initiate the disciplinary proceedings as stated by the Tribunal. There is no satisfactory explanation for the inordinate delay in issuing the charge memo and we are also of the view that it will be unfair to permit the departmental enquiry to be proceeded with at this stage."
Supreme Court of India Cites 1 - Cited by 761 - V Ramaswami - Full Document

P.V. Mahadevan vs M.D. Tamil Nadu Housing Board on 8 August, 2005

(Para 4) Page 21 of 25 Downloaded on : Thu Mar 31 20:28:27 IST 2022 C/SCA/5580/2021 JUDGMENT DATED: 25/03/2022 5.4 In P.V. Mahadevan v. MD, T.N. Housing Board [(2005) 6 SCC 636] the Supreme Court considered the aspect of delay of 10 years in initiating the departmental inquiry against the appellant, where no convincing explanation was given for such delay. The Supreme Court took view that allowing the respondent to proceed further with the departmental proceedings on such distance of time would be very prejudicial to the appellant. It was observed that the appellant already suffered enough on account of inordinate delay. 5.5 Quashing the charge memo issued against the appellant and putting the departmental inquiry to an end, the Supreme Court observed thus, "The respondent submitted that the irregularity during the year 1990, for which disciplinary action had been initiated against the appellant in the year 2000, came to light in the audit report for the second half of 1994-95. But, Section 118of the Tamil Nadu State Housing Board Act, 1961 specifically provides for submission of the abstracts of the accounts at the end of every year and Section 119 of the said Act relates to annual audit of account. Therefore, the explanation offered for the delay in finalising the audit account cannot stand scrutiny in view of the above two provisions. There is no acceptable explanation on the side of the respondent explaining the inordinate delay in initiating departmental disciplinary proceedings. The stand taken by the respondent in the counter-affidavit is not convincing and is only an afterthought to give some explanation for the delay." (Paras 8 to 10) 5.5.1 It was held that protracted action against government employee would operate prejudicial to him and has to be avoided, "Under the circumstances, allowing the respondent to proceed further with the departmental proceedings at this distance of Page 22 of 25 Downloaded on : Thu Mar 31 20:28:27 IST 2022 C/SCA/5580/2021 JUDGMENT DATED: 25/03/2022 time will be very prejudicial to the appellant. Keeping a higher government official under charges of corruption and disputed integrity would cause unbearable mental agony and distress to the officer concerned. The protracted disciplinary enquiry against a government employee should, therefore, be avoided not only in the interests of the government employee but in public interest and also in the interests of inspiring confidence in the minds of the government employees. At this stage, it is necessary to draw the curtain and to put an end to the enquiry. The appellant had already suffered enough and more on account of the disciplinary proceedings. As a matter of fact, the mental agony and sufferings of the appellant due to the protracted disciplinary proceedings would be much more than the punishment. For the mistakes committed by the department in the procedure for initiating the disciplinary proceedings, the appellant should not be made to suffer." (Para
Supreme Court of India Cites 4 - Cited by 781 - Full Document

Union Of India & vs Govindbhai Bhagat Son Of Baldevdas T ... on 13 January, 2015

21.In the back-ground of these facts, one needs to consider the decision of the Division Bench of this Court in case of Govindbhai Bhagat Son Of Baldevdas T. Bhagat (supra) wherein a Division Bench of this Court while examining the role of an Income-tax Officer who in discharge of his quasi Page 13 of 25 Downloaded on : Thu Mar 31 20:28:27 IST 2022 C/SCA/5580/2021 JUDGMENT DATED: 25/03/2022 judicial functions had passed certain orders which had become a subject matter of departmental proceedings.
Gujarat High Court Cites 7 - Cited by 1 - A Kureshi - Full Document
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