Case Note & Summary
The petitioner, Sanja Ukabhai Gangarambhai, was appointed as an Educational Supervisor, Class-III in 1979 with the Municipal School Board, Rajkot. In 2005, he made an application against the then administrative officer, who allegedly retaliated by getting complaints against the petitioner. The petitioner was suspended on 23.12.2005 and a charge-sheet was issued on 8.2.2006. The departmental inquiry was not concluded for over 15 years, despite the petitioner retiring on 31.12.2006. The petitioner filed a Special Civil Application under Article 226 of the Constitution seeking quashing of the charge-sheet and directions to drop the inquiry and release all dues and retiral benefits with interest. The court considered the issue of inordinate delay in concluding the inquiry. The petitioner argued that the delay was unreasonable and violated his fundamental rights. The respondents contended that the delay was due to the petitioner's non-cooperation. The court analyzed the facts and held that a delay of over 15 years in concluding a departmental inquiry is inordinate and cannot be justified. The court quashed the charge-sheet dated 8.2.2006 and directed the respondents to drop the departmental inquiry. The court further directed that the petitioner be treated as on duty for the suspension period and be paid full pay and allowances, and that all retiral benefits be released within three months with interest at 6% per annum from the date of retirement till payment.
Headnote
A) Service Law - Departmental Inquiry - Inordinate Delay - Charge-sheet dated 8.2.2006 not concluded for over 15 years - Held that such delay is unreasonable and amounts to abuse of process, warranting quashing of charge-sheet and dropping of inquiry (Paras 1-12). B) Service Law - Suspension - Retiral Benefits - Petitioner suspended since 23.12.2005 and retired on 31.12.2006 - Held that upon quashing of charge-sheet, petitioner is entitled to all consequential benefits including full pay and allowances for suspension period and retiral dues with interest at 6% per annum (Paras 10-12).
Issue of Consideration
Whether a charge-sheet issued in 2006 and a departmental inquiry not concluded for over 15 years can be sustained, and whether the petitioner is entitled to quashing of the charge-sheet and release of retiral benefits.
Final Decision
The court allowed the petition, quashed the charge-sheet dated 8.2.2006, and directed the respondents to drop the departmental inquiry. The petitioner was to be treated as on duty for the suspension period and paid full pay and allowances. All retiral benefits were to be released within three months with interest at 6% per annum from the date of retirement till payment.
Law Points
- Inordinate delay in departmental inquiry
- abuse of process
- fundamental rights under Article 14
- 21
- 311 of Constitution of India
- Gujarat Civil Services (Discipline and Appeal) Rules
- 1971
