Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Departmental proceedings-Delay in concluding proceedings-Effect |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Service Law:Departmental proceedings-Delay in concluding proceedings-Effect of-Held, Entire proceedings may become vitiated and would be liable to be quashed without considering the other factors-Delay and laches. Respondent was working as a Principal in various colleges. In 1990, several charges of misconduct were framed against him. Departmental proceedings were initiated. In 1992, Inquiry Officer submitted his report. However before any action could be taken, the respondent retired. A proceeding was initiated against the respondent upon service of notice to show cause as to why 50% of the provisional pension fixed in his favour or part thereof should not be withheld. During the pend ency of the said departmental proceeding, an original application was filed by him before the Administrative TribunalThe Tribunal directed the State to conclude the departmental proceedings within a period of three months. The said order came to be questioned by the respondent before the High Court. In the meantime, a recovery proceeding was also initiated against him. The correctness of the said recovery proceeding was also questioned by the respondent before the High Court. High Court disposed of the writ petition directing the Government to release full pension to the respondent only on the ground of delay in concluding the departmental proceedings. Hence the present appeal. |
Judge | Hon'ble Mr. Justice S.B. Sinha |
Neutral Citation | 2007 INSC 78 |
Petitioner | Government Of A.p. And Ors. |
Respondent | V. Appalaswamy |
SCR | [2007] 2 S.C.R. 19 |
Judgement Date | 2007-01-25 |
Case Number | 393 |
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