Departmental Enquiry

This query is : Resolved 

02 May 2009

The governement employee was suspended in the year 1995. The department has not initiate any enquiry till 2009. After a gap 15 years, now the department has ordered the department enquiry for the alleged misconduct committed in the year 1995.
Can the department after 15 years initiate the DE. If no, what is the period during which the department has to initiate the DE.
Can you cite any judgments on this point

02 May 2009

It depends upon the rules governed by such govt employee. Though you have a good case of pleading laches in case DE is initiated after 15 years of the charge memo issued against you. It also depends upon the gravity and section in which the offence is involved.

02 May 2009

In punjab no enquiry can be initiated after a period of 4 years as per provisions of rule 2.2 C.S.R. vol.2 you have not stated the name of your state however you can find such provision of limitation in service rules of your state.provide the name of your state the solution can be find out .However you may look into the case state of punjab versus kailash nath & other A.I.R 1989.(S.C.)that may be helpful which restrict enquiry / punishment after a period of 4 years from the date of arising the cause of action

Y V Vishweshwar Rao (Expert)
03 May 2009

I do agree with lrd Friends

There will be ,a time limits for DE in every state

K.C.Suresh (Expert)
03 May 2009

There is limitation for departmental deciplinary proceedings either in the manual of deciplinary proceeding or in the State Service rules. Pl look into it

Murali Krishna (Expert)
03 May 2009

There is no limitation as such prohibiting departmental enquiry. It depends from situation to situation.

However, delay defeats the purpose of DE and it strengthens your case. Supreme Court in many cases held that disciplinary proceedings commenced after long gap are not sustainable and gave relief. Refer to Chamanlal Goel's case. There are so many rulings of apex court on this, in your favour. Do some research in the library.

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