HC sets timeline for departmental proceedings
	
		
				Chandigarh, Oct. 18 -- The Punjab and Haryana high court has set a timeline for completion of departmental proceedings against an employee in Punjab and Haryana.
"Protracted enquiries breed inefficiency, demoralisation, and distrust in the system thereby defeating the very purpose of the disciplinary mechanism established to ensure that principles of efficiency, integrity and accountability are upheld. A lack of seriousness in pursuing charges reflects poorly on the administration and may indicate malice or oblique motives. Thus, this court cannot allow the employer to keep the sword of disciplinary action dangling over an employee indefinitely," the bench of justice Harpreet Singh Brar observed.
The court was dealing with a plea from one Khairati Lal from Haryana, who was a mandi inspector and retired in 2006. He was served a charge sheet in 2009 for allegedly causing loss of Rs.67 lakhs while maintaining the wheat stock during the crop year 2002-03.
A punishment order was passed in 2022. His plea in high court sought release of his retiral benefits as the charge sheet was served after his retirement.
The court observed that the disciplinary proceedings ought to adhere to established timelines or else it morphs into punishment that does not further the cause of justice.
The court found that the punishment order was passed 13 years after proceedings started and the reason for delay could not be attributed to the petitioner.
The court observed that in spite of the various instructions in this regard no change in approach of the governments is discernible. "...every employee facing disciplinary action has a legitimate right to have the proceedings concluded expeditiously. Undue prolongation of proceedings often causes mental agony, financial hardship and social stigma even before the charges are proved, which is a punishment in itself," it said.
The court held that a procedure which does not ensure the culmination of disciplinary proceedings within a reasonable dispatch, would fall foul of Article 21 of Constitution of India. "Timely determination of guilt or innocence of the accused employee is an integral and essential part of fundamental right to life and liberty," it said, adding that many such casesare being witnessed bycourts where "whimsical timelines were adopted" by the authorities.
Now the court has set timelines for different stages and directed Punjab, Haryana and Chandigarh to issue necessary instructions within six weeks....
		
			
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