The Allahabad High Court orders termination of departmental proceedings on account of it being delayed for 15 years

The petitioner was suspended pending inquiry, two days before his retirement. He claimed that till date his retiral benefit is unpaid nor have disciplinary proceedings concluded. The court called upon the respondent to show case as to why disciplinary proceedings should not be quashed on account of it being unreasonably delayed. In personal affidavit filed by the respondent, there is no explanation as to why inquiry has not been completed even after 15 years from the date of service of the chargesheet.

The court referring to the decision of the apex court in the matter of Government of A.P. and Ors. v. Appala Swamy, Appeal (Civil) 393 of 2007, observed that the principles upon which proceedings can be directed to be quashed on the ground of delay are:

(1) Whereby reason of the delay, the employer condoned the lapse on the part of the employee; 

(2) Where the delay caused prejudice to the employee.

Considering the fact that no proper explanation has been placed by the respondent for inordinate delay in conducting the disciplinary proceedings, the court in this Writ Appeal No. 14564 of 2024, directed payment of all post retiral benefits with interest to the petitioner and terminated the departmental proceedings.