This single-judge order of the Calcutta High Court addressed a writ petition by an employee facing dismissal. The Court directed the disciplinary authority to complete the pending proceedings within eight weeks due to undue delay and expired extensions.
Direction to complete disciplinary proceedings within eight weeks from the date of the order.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION [ CIRCUIT BENCH AT PORT BLAIR]
**
WPA/257/2021
P. S. Saboo …Petitioner
Vs.
The Union of India and others ….Respondents
Mr. P.C.Das, , Advocate … for the petitioner Mr. Arul Prasanth, Advocate … for the PBMC
November 16, 2021 [SR] Item No.6
The petitioner is an employee of the Port Blair Municipal Council. A disciplinary proceeding was initiated against him which resulted in the order of penalty whereby the petitioner was dismissed from service. The order of penalty was appealed by the petitioner and the appellate authority remanded the matter for re-enquiry by the Disciplinary Authority. Reenquiry is still under process.
The petitioner relies upon the order dated 15th October, 2020 issued by the Municipal Council which specifically mentions that the re-enquiry to be concluded before 31st October, 2020.
The grievance of the petitioner is that since he is facing capital punishment of dismissal from service, the disciplinary proceeding ought to be disposed of at the earliest.
The petitioner has also relied upon a communication dated 3rd April, 2021 issued by the office of the Lieutenant Governor which mentions that the matter may be expedited and re-enquiry completed and records submitted to the office of the Lieutenant Governor for early disposal of the appeal. Fact remains that till date the disciplinary proceeding is yet to be completed.
As it appears that the disciplinary proceeding of the petitioner is pending conclusion before the disciplinary
authority for a considerable period and the time fixed by the Lieutenant Governor to conclude the proceeding has also elapsed, accordingly, it is high time for the disciplinary authority to conclude the disciplinary proceeding at the earliest.
Mandatory time is framed by this Court for completion of the disciplinary proceeding within a period of eight weeks from date. The disciplinary proceeding shall be conducted strictly in accordance with the provisions of law.
As the writ petition is disposed of without calling for affidavits, the allegations made in the writ petition are deemed not to have been admitted by the respondents.
The writ petition stands disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of usual necessary formalities.
(Amrita Sinha, J.)
2 issues framed by the court
Whether the High Court can mandate the conclusion of pending disciplinary proceedings and fix a timeline for their disposal in service matters.
Whether the Court can fix a mandatory time for completion of disciplinary proceedings when significant delay has occurred.
P. S. Saboo
The Union of India
Amrita Sinha
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
