Disciplinary Proceedings Continuing Ad Infinitum Would Be Destructive Of Rule Of Law: Delhi High Court Grants Relief To CBIC Officer

Case: Anish Gupta V. Union Of India

Coram: Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta

Case No.: W.P. (C) 2267/2022

Court Observation: “View of the foregoing, the Petitioner‟s contention that the Respondent-Union of India has failed to abide by the dicta of the Hon’ble Supreme Court in Prem Nath Bali (supra) as well as the CVC Circular, ex-facie carries force,”

“More than adequate opportunities to complete the disciplinary proceedings arising from Departmental Charge Sheet dated 16.07.2015 had been granted by the CAT firstly in 2016, and then again in 2020. The proceedings were admittedly not concluded within this long period stretching from July 2015 till May 2021,”

“There is no gainsaying the legal position that the Disciplinary Proceedings cannot continue ad infinitum. Allowing such proceedings to continue ad infinitum would not only be highly prejudicial to the Petitioner herein but destructive of the Rule of Law.”

“The Respondent- Union of India, being a “State‟ under Article 12 of the Constitution is bound to act in a fair non-discriminatory, reasonable and non- capricious manner. The conduct of the Respondent in the facts of the present over a long period of 05 years and not merely on one two dates of hearing, disentitles it for any discretionary relief of extension of time.”

“All consequential proceedings will also terminate and be considered non-est ab initio. The Petitioner must therefore be given all consequential benefits, including the necessary promotions at par with his juniors, within 04 weeks of the receipt of this judgment,”

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Keywords

Disciplinary Proceedings Continuing Ad Infinitum, Rule Of Law