doubt that a satisfactory explanation
of the delay could sustain a delayed charge-sheet containing stale
charges, it needs to be understood what is meant ... explain on what account the delay occurred. Briefly put, delay was
caused because the draft charge-sheet went through several stages
before taking a final
impugned charge-sheet mainly on two counts, firstly that
the charge-sheet is liable to be quashed on the ground of
delay as the incident ... been determined prior to issuance of the charge-
sheet as a result of which the charge-sheet is vague and
unspecific.
3.2 There
Sh. Kk Chabbra vs The General Manager on 1 July, 2023
IN THE COURT OF
dated 05.05.2016. The
charge-sheet has been filed before this Court on
02.02.2022. The penal provisions under which
the charge-sheet has been filed ... them against the
erring IOs for delay in investigation leading to delayed
filing of charge sheet. Absolutely, there is no proper
explanation to the delay
also categorically raised the plea of delay and
latches especially about the unexplained delay in issuing the charge
sheet. The alleged incident of renewing ... March, 1994 though, the charge sheet was
issued to the respondent only on 15th December, 1998. Why the charge
sheet was issued after
brought seeking quashing of a charge-sheet on grounds of issuance of the charge-sheet or grounds of inordinate delay in completion of the disciplinary ... circumstances, I do not find any delay, much less inordinate delay in issuing the charge-sheet. In any case, the petitioner has neither averred
charge-sheet dated 19.7.1995, enquiry report pertaining to the said charge sheet and the penalty imposed there under. Challenge to the charge sheet dated ... both the charge-sheets. I may only note the reply pertaining to the charge-sheet dated 19.7.1995 because challenge to the charge-sheet dated
charge sheet dated 18.2.2009 (page 25). He has also challenged the charge sheet dated 30.7.2007 on the ground of inordinate and unexplained delay ... consider the nature of charge, its complexity and the ground of delay. So unless long delay is explained charge-sheet cannot be quashed. Delay
delay in issuing charge sheet, we do
not find any satisfactory explanation on the part of the
respondents for issuing charge sheet against the
applicant ... date,
submission of written statement of defence on the
charge-sheet, issuance of charge sheet once a decision
is taken by the Disciplinary Authority
annexed with
the charge sheet which were material evidence in support
of the charge sheet.
A reasonable cause for challenging a delayed charge
sheet ... charge sheet came to
the notice of the DA after the detailed charge sheet was
filed in the Criminal Court.
10.5 As regards inordinate delay
