The Hindu : National : Protracted probe itself a punishment

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Friday, Aug 12, 2005

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National

Protracted probe itself a punishment

Legal Correspondent

Apex court's observation on disciplinary proceedings

NEW DELHI: The Supreme Court has held that protracted disciplinary proceedings against government servants is itself a punishment to them causing unbearable agony.

"Keeping a higher government official under charges of corruption and disputed integrity would cause unbearable mental agony and distress to the officer," said a Bench comprising Justice Ruma Pal and Justice A.R.Lakshmanan.

Writing the judgment, Justice Lakshmanan said the mental agony and sufferings due to protracted proceedings would be much more than punishment. "Protracted disciplinary enquiry should `therefore' be avoided not only in the interest of the government employee but in the public interest and also in the interests of inspiring confidence in government employees."

The Bench was allowing a special leave application by P.V. Mahadevan, who was working as Superintending Engineer in the Tamil Nadu Housing Board. A charge memo was issued on June 8, 2000 for alleged irregularities he committed in 1990. The Madras High Court rejected his petition to quash the memo.

The Bench felt that a delay of 10 years in initiating disciplinary proceedings would render the departmental proceedings vitiated and justify the prayer for quashing the proceedings.

The Bench said the Housing Board's explanation for the delay in issuing the memo was not at all convincing. Under these circumstances, allowing it to proceed with the proceedings would be prejudicial to the appellant.

"At this stage, it is necessary to draw the curtain and put an end to the enquiry. The appellant has already suffered enough and more on account of the disciplinary proceedings," the Bench said and set aside the charge memo.

The appellant would be entitled to all retrial benefits in accordance with the law.

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