factors for and against continuance
of the disciplinary proceedings based on stale charges; if the factors
were balanced, the factors in favour of the petitioner ... Goyal (supra) sounded caution that interference with
a charge-sheet containing stale charges must depend on the facts of
a given case; and whenever such
subsequent
amended charge-sheet dated 31st January, 2005 have become stale
charges after 10 years and bank authority should not be directed to
initiate departmental ... departmental
proceedings on the basis of 10 years old and stale charges is not
sustainable. In support of the aforesaid contentions Mr. Saha Roy
referred
drive home the point that a charge-sheet containing
stale charges ought not to be sustained. The decisions ... cautioned by the Supreme Court, whether disciplinary proceedings
containing stale charges ought to be interfered with or not must depend
on the facts
were stale charges and
in accordance with the Supreme Court judgments, such charges would not be
maintainable. He submits that the charges pertain ... According to learned Senior
Counsel, the clubbing of old and stale charges is impermissible and as such,
the Articles of Charge as framed
credence to the
submissions of Mr. Mani as regards the charges being too stale to
be taken recourse to in the matter of issuance ... express
any opinion as regards the question of delay rendering the charges
stale or being too remote. A statute has been engrafted in the
Statute
short, `the Tribunal')
on the ground that besides containing stale charges it was
issued with the male fide intention to forestall the
consideration ... charges, the first 8 charges,
relate to the period 1979 to 1987 but charges No. 10 and 11
relate to 1991 and 1992. These charges
rely upon the said report submitted by the Commissioner, Jhansi on stale allegations and take action against the petitioner for his removal in hot haste ... only stale but related to his previous tenure from 1999 to 2002 in respect of Which enquiries had been held and charges were found
challenged if it is a biased one, vague and contains stale charges and if the charges becomes a result of mala fide. The charge-sheet
deal with the other contention raised by Mr. Mitra, viz. (i) charges are stale in nature; (ii) charge-sheet is biased, and (iii) Quasi judicial ... there being a corrupt officer. As regards the contention of stale charges, I find that there is some substance in Mr. Mitra's contention
framed fresh charge sheet against the petitioner by including old and stale charges on 11.6.1992 (as contained in Annexure-8 of the writ petition ... findings of inquiry officer was also based upon old and stale charges which were deemed to have been waived and never directed to be included
