A.K.SINGH Vs. UNION OFINDIA

JUDGEMENT

(1.) C.M. NO.10961/2014 (for exemption)

(2.) THE petitioner is aggrieved by the order of the Central Administrative Tribunal (CAT) dated 09.05.2014 in O.A. No. 85/2013; he had sought for quashing of disciplinary proceedings initiated against him for alleged major misconduct in regard to an action which is subject matter of criminal proceedings.

(3.) APPARENTLY , the criminal proceedings had been initiated and the matter had been referred to the Central Bureau of Investigation (CBI), which had filed a charge sheet in 1999. However, the criminal proceedings have not yet culminated in any final judgment. The petitioner attained the age of superannuation on 31.07.2010 and contended that the long delay in the proceedings has resulted in causing him grave prejudice. The petitioner, therefore, submitted that the pendency of criminal and departmental proceedings have led to a situation whereby his final terminal benefits have not been released, and pension has been fixed provisionally. His claim of quashing of disciplinary proceedings and release of pension was, however, rejected. Learned counsel submits that the petitioner cannot be faulted for the delay in culmination of criminal proceedings, which is the basis for holding over of disciplinary proceedings initiated as far back as in 2006. Learned counsel relied upon the judgment of the Supreme Court reported as Chief Secretary, Govt. of Andhra Pradesh v. R. Veerabhadram,, 1992 Supp (2) SCC 486, to say that long drawn out proceedings in such cases can be violative of employees' rights, particularly when he attains the age of superannuation. It was contended that if, indeed, the respondents were of the opinion that the charge of misconduct is sufficiently grave, they should have completed the proceedings at least by the time the petitioner attained the age of superannuation; this course of action was open even under Rule 9 of the CCS (Conduct) Rules. Learned counsel suggested that directions be issued to the respondents to take -up conclusive disciplinary proceedings and complete it within a time -bound manner.