UNION OF INDIA Vs. R S SAINI

JUDGEMENT

(1.) Leave granted.

(2.) This is an appeal from an order of the central Administrative tribunal. A departmental enquiry was conducted against the respondent, shri R. S. Saini. The Enquiry Officer submitted his report on 14/11/1981 finding the respondent guilty of misconduct. The report was submitted to the disciplinary authority which passed an order of punishment as late as on 30/01/1983. This order of punishment underwent some modifications by the appellate authority on 12/08/1985 and 9/07/1986.

(3.) The central Administrative tribunal quashed all the three orders dated 30/01/198 3/08/1985 and 9/07/1986 on a very short ground. It referred to a memorandum issued by the government of India on 8/01/1971, according to which the disciplinary authority should take a final decision on the enquiry report within a period of three months at the most. Treating this as a mandatory time-limit for the passing of the order of punishment, the tribunal set aside the orders as above mentioned.