RICHARD YIMTO Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Pravir Choudhury, learned counsel appearing for the petitioner; also heard Mr. T.B. Jamir, learned Senior Additional AG appearing on behalf of the State Respondents, and Mr. Yangerwati, learned CGC, appearing on behalf of the Union of India.

(2.) The instant Writ Petition is filed challenging the Order of the Central Administrative Tribunal (hereinafter referred to as The Tribunal), Guwahati Bench, passed in Original Application No. 046/00251/2020 dtd. 26/2/2021, whereby The Tribunal did not interfere with the disciplinary proceedings and directed the authorities to complete the disciplinary proceeding initiated vide Memorandum of Charge No. POL/ESTT-11/2018 (PT-1) dtd. 18/12/2018, within a period of 6 (six) from the date of the said Order.

(3.) It is the specific case of the petitioner that, in terms with the Judgment of the Supreme Court in the case of Prem Nath Bali v. Registrar, High Court of Delhi and Anr., reported in (2015) 16 SCC 415 and the Central Vigilance Commission Circular No. 07/07/18 dtd. 26/7/2018, the disciplinary proceedings ought to be concluded once initiated within a reasonable time by giving priority to such proceedings and as far as possible it should be concluded within six months as the outer limit and if it is not possible for the employer to conclude due to certain unavoidable causes arising in the proceedings within the time-frame then efforts should be made to conclude within the reasonably extended period depending upon the case and the nature of enquiry but not more than a year.