Case Note & Summary
The case involved an appeal by the Union of India against an order of the High Court of Punjab and Haryana, which upheld the tribunal's decision to close a departmental enquiry against the respondent, H.R. Bangar, due to inordinate delay. The enquiry was initiated in 2001 concerning serious allegations of misappropriation and accepting illegal gratification while in office. The tribunal had previously directed that the enquiry be completed within three months, but the proceedings were closed instead. The Supreme Court examined the orders of both the tribunal and the High Court, finding that they failed to appreciate the seriousness of the charges and the fact that the delay was not solely attributable to the department. Citing the precedent set in Deputy Registrar, Cooperative Societies, Faizabad vs. Sachindra Nath Pandey, the court concluded that mere delay does not justify closing the enquiry. The Supreme Court set aside the impugned order and directed the authorities to complete the enquiry within six months, ensuring that all parties were given an opportunity to be heard. The appeal was allowed without any order as to costs.
Headnote
A) Administrative Law - Departmental Enquiry - Justification for Delay - Not sufficient to close proceedings due to delay - Code of Civil Procedure, 1908, Section Not mentioned - The court held that the serious nature of charges against the respondent warranted continuation of the enquiry despite the delay, referencing prior case law that established that delay alone is not a sufficient ground for closure. The court directed the authorities to complete the enquiry within six months, ensuring an opportunity for hearing (Paras 3-5).
Issue of Consideration
Whether the High Court and tribunal were justified in closing down the enquiry proceedings against the respondent due to inordinate delay.
Final Decision
The Supreme Court set aside the impugned orders of the High Court and tribunal, allowing the appeal and directing the authorities to complete the departmental enquiry within six months from the date of communication of the order, ensuring an opportunity for hearing.
Law Points
- Departmental enquiry
- delay in proceedings
- serious charges
- opportunity of hearing
