DHANAI PRASAD Vs. COMMISSIONER, KENDRIYA VIDYALAYA SANGATHAN

JUDGEMENT

(1.) The inquiry started against the petitioner, pursuant to the charge sheet issued to him vide memo dated 16.5.1989, remains inconclusive till date. As would be noted hereafter, after the said charge sheet the respondent department showed slackness in completing the inquiry and after 20.2.1992 no date was fixed for almost 8 years. When the respondent sought to resume the inquiry proceedings in the year 2000, the petitioner resisted this move of the respondent in continuing with the inquiry on the ground that it is over-delayed. For this purpose, the first OA was filed in the year 2000, then in the year 2004 and again in the year 2007. In the last mentioned OA, order dated 27.7.2007 is passed directing the respondents to complete the inquiry within three months. Challenging this order, the present writ petition is filed.

(2.) The aforesaid opening paragraph gives the flavour of issue involved. With these introductory remarks, we now proceed to stake stock of the facts in some detail.

(3.) In the year 1989, when the petitioner was working as Head Clerk at Kendriya Vidyalaya, Kanpur Cantt., he was served with charge sheet dated 16.5.1989. The allegation in the said charge sheet was that a requisition sent to the Employment Exchange for certain Group C and D posts carried certain amendments, which corrections were in no manner against the qualifications, etc. prescribed for the said post. Allegations were made on the basis of such requisitions. The precise nature of charges in this behalf, as contained in the said charge memo, reads as under :-