Jitendra Kumar Singh vs Employees' State Insurance Corporation & Ors.

Per : Hon’ble Shri J.V. Bhairavia, Member (J)

In the instant OA, Shri M.S.Rao, counsel for the applicant mainly submits that the disciplinary proceeding was initiated against the applicant vide memorandum dated 06.01.2016 under Regulation 14 and Para 3 of Third Schedule of Employees’ State Insurance Corporation (Staff & Conditions of Service) Regulation, 1959. He participated in the departmental inquiry. On conclusion of it, the Inquiry Officer had submitted his report dated 16.4.2018 (Annexure A/15) before the Disciplinary Authority wherein, he had recorded in his finding that the Article of charge No.1 was not proved, Article of charge No.2 was disproved and Article of charge No.3 was partly proved. On receipt of the Inquiry Officer’s report, the applicant had submitted his representation dated 15.5.2018 before the Disciplinary Authority. Thereafter, applicant received Disagreement Memorandum dated 31.05.2018 (Annexure A/2). In response to it, the applicant has submitted his representation/ reply dated 15.06.2018 (Annexure A/17 Colly.). It is the grievance of the applicant that till date, the Disciplinary Authority has not decided the said representation/ reply filed by the applicant. He submits that in terms of the rules and law laid down by the Hon'ble Apex Court, the disciplinary proceedings initiated against the applicant needs to be declared abated since the same has not been concluded within stipulated time limit framed under the statutory rules. It is the grievance of the applicant is that due to pendency of the disciplinary proceedings, the applicant has not been considered even for ad hoc promotion.

Considering the aforesaid submissions and on perusal of the material on record, we deem it fit to dispose of this OA with a direction to the Disciplinary Authority to consider the representation of the applicant/CO dated 15.06.2018 (Annexure A/17 Colly.) within sixty days from the date of receipt of a copy of this order, if not decided and convey the said decision to the CO/ applicant herein. We pass this order with intention that there should be logical conclusion of the pending disciplinary proceedings. We make it clear that we have not expressed any opinion on the merits of the case.

The OA stands disposed of.

Direct service of the order is permitted.