Ramesh Grover (Retired) vs U.P. Singh & Others

L. Narasimha Reddy, J

The applicant filed OA No.4211/2018 claiming various reliefs. The OA was disposed of on 08.07.2019 directing that the disciplinary proceedings pending against the applicant shall be concluded within 90 days from the date of receipt of a copy of the order. This contempt case is filed alleging that the respondents did not implement the same. It is stated that the time was extended at the instance of the respondents and despite that the proceedings were not concluded.

We heard Shri Padma Kumar S., learned counsel for the petitioner and Shri R. K. Jain, learned counsel for the respondents.

It is no doubt true that the Tribunal fixed the time of 90 days for conclusion of the disciplinary proceedings. The fact, however, remains that by the time the OA was disposed of, the applicant was retired on compulsory basis, by invoking FR 56 (j) and he filed an OA before this Tribunal. The respondents contend that the disciplinary proceedings were deferred awaiting outcome of the OA filed against the order of compulsory retirement. On 25.01.2021, the OA was allowed and the order of compulsory retirement was set aside.

In view of these developments, we close the contempt case by granting two months time to the respondents to conclude the disciplinary proceedings. We make it clear that if necessity arises, either party can file an MA.