Q: I am a government employee. In 2005 a chargesheet was served to me alleging misconduct and insubordination and I was suspended. The charges are false and motivated. The disciplinary proceeding is still on. I am financially drained. Please advise.
Suman Majumdar
A: You might approach the labour court / tribunal for quashing the disciplinary proceeding on ground of inordinate delay. The court would take into consideration all the relevant factors to determine if it is in the interest of honest administration that the disciplinary proceeding should be allowed to terminate after delay, particularly when the delay is abnormal and there is no explanation for it. It is the right of an employee facing such proceedings that the same is concluded expeditiously so that he does not undergo mental agony and monetary loss. In deciding whether the delay has vitiated the proceeding, the court would consider the nature of charge, its complexity and on what account the delay has occurred and also whether the disciplinary authority is serious about pursuing the charges against the employee. Disciplinary proceedings are allowed to take its course but then delay defeats justice. Delay causes prejudice to the charged officer unless it can be shown that he is to blame for the delay or there is proper explanation for the delay. In this connection you may refer to the Supreme Court decision reported in 1998 (4) Supreme Court Cases 154.
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