Does mere delay in initiating departmental disciplinary proceedings by itself vitiate the charge memorandum?
Coram: Justice S.M.Subramaniam · Justice Krishnaswamy Govindarajan
Mere delay in initiating departmental disciplinary proceedings does not by itself vitiate the charge memorandum.
No. Mere delay in initiating departmental disciplinary proceedings does not by itself vitiate the charge memorandum. Each case turns on the facts, the nature of the allegations, the mitigating circumstances and the cause of the delay; misappropriation is often traced or concealed for years. Here the delay arose from the employee's own writ petition and the interim order in it, and could not be held against the management.
Tamil Nadu Co-operative Societies Act, 1983 — ss.82, 153, 181 — Departmental disciplinary proceedings — Suo motu revision — Natural justice — Delay in initiation — Tamil Nadu Co-operative Societies Act, 1983 — s.181 — s.153 — Registrar's power to direct an enquiry — Held: Where a revision under s.153 ends only in an order of remand, the Registrar is empowered to invoke s.181 and direct a Regional Joint Registrar to initiate suo motu revision, conduct an enquiry and pass orders on merits. (¶13) Principles of natural justice — Departmental enquiry — Fair opportunity, not the count of notices — Held further: The test is not whether two show cause notices were issued but whether a fair opportunity was afforded to the delinquent officer, who here participated at every stage and defended his case. (¶18, 19) Departmental disciplinary proceedings — Delay in initiation — Not a ground per se — Held further: Mere delay does not vitiate a charge memorandum; the nature of the allegations and the cause of delay must be weighed, and delay caused by the employee's own writ proceedings cannot be attributed to the employer. Writ appeal allowed. (¶15, 16)
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