Deepak Sheopuri vs Council Of Scientific & Industrial Research & Ors.

Justice L. Narasimha Reddy, Chairman

The applicant retired as Private Secretary (PS) from Council of Scientific & Industrial Research (CSIR) on 30.09.2014. One day before his retirement, he was placed under suspension and few months thereafter, he was issued a charge memo dated 23.06.2015. The applicant contends that the inquiry into the charges was conducted and the inquiry officer submitted the report way back in February 2018 and despite that the respondents have not concluded the proceedings. It is also stated that the retiral benefits are also withheld.

This O.A is filed with a prayer to declare the action of the respondents in not concluding the inquiry by this time, as illegal and arbitrary and to direct the respondents to take a final action in the matter. The other ancillary reliefs in the form of a direction to release the leave encashment also prayed for.

The O.A was listed earlier and we directed the learned counsel for the respondents to take instructions. Today, we heard Mr. Padma Kumar S., learned counsel for applicant and Mr. Parveen Swarup, learned counsel for respondents.

The applicant retired from service way back on 30.09.2014 and six years have elapsed since then. One day before his retirement, he was placed under suspension and was issued a charge memo nine months thereafter. Though the inquiry officer submitted his report in February 2018, the disciplinary authority did not pass final order so far. The only reason mentioned by the learned counsel for the respondents is that the file is pending with CVC. It is not known as to when the file was forwarded to CVC. An organization which functions with precision cannot be the occurrence of such delay in the matters of this nature. The disciplinary authority has to act promptly, particularly when the applicant is denied the full retiral benefits.

proceedings initiated against the applicant through charge memo dated 23.06.2015 within a period of three months from the date of receipt of a copy of this order. If for any reason the disciplinary proceedings are not concluded within that period, the respondents shall release all the retiral benefits to the applicant without prejudice to their right to take steps in accordance with law, depending upon the outcome of the disciplinary proceedings. There shall be no order as to costs.