K B TRIVEDI Vs. STATE OF GUJARAT

JUDGEMENT

(1.) This appeal under Clause 15 of the Letters Patent is preferred from the order in Special Civil Application No.13854 of 2000, whereby, the learned single Judge dismissed the petition of the appellant only on the ground that it was premature.

(2.) The appellant sought to challenge initiation of departmental enquiry pursuant to the chargesheet dated 1.6.2000 which contained the allegations of misconduct which had allegedly taken place about 18 years ago. Thus, the Court was called upon to quash the chargesheet only on the ground of delay. The petition of the appellant having been summarily dismissed, the respondents had no occasion to appear. However, upon notice being issued in this appeal, the respondents have appeared and filed an affidavit-in-reply of the Under Secretary of the department concerned.

(3.) Amplifying the essential facts, the learned counsel for the appellant argued that the departmental enquiry in question was being initiated against the appellant after 18 years of the alleged incident and on the eve of the meeting of the Departmental Promotion Committee in which the case of the appellant for promotion was to be considered. It was submitted that in all 19 officers were alleged to be involved in the acts of misconduct out of whom nine officers were allowed to retire without initiation of any enquiry, four officers have retired after initiation of departmental enquiry without the same being concluded and one officer was already promoted after calling for his explanation. Thus, only five officers presently in service were chargesheeted. On these facts, it was submitted that in case of gross and unexplained delay of 18 years, legal mala fides in initiating the departmental enquiry ought to be inferred as due promotion would be denied to the delinquent during the pendency of the disciplinary proceedings which may outlast his remaining period of service.