Huge Delay in Conclusion of Disciplinary Proceedings destructive of Rule of Law: Delhi HC grants Relief to CBIC Officer after 7 Years [Read Order]

In conclusion of a seven-year legal battle, the Delhi High Court has granted relief to an officer of the Central Board of Indirect taxes and Customs (CBIC) and held that allowing Disciplinary Proceedings to continue ad infinitum would not only be highly prejudicial to an individual but is also destructive of the Rule of Law.

A division bench comprising of Justice Siddharth Mridul and Justice Anoop Kumar Mendiratta was dealing with cross petitions filed by one Anish Gupta, who was serving as Officer on Special Duty (Legal at the CBIC), when he was suspended in August 2013.

The petitioner contended that he was served with a Departmental Charge Sheet/ Memorandum of Charge pursuant to an incident of July, 2013. Admittedly, no criminal investigation or prosecution was ever initiated or contemplated against him.

The Petitioner had then moved CAT praying for quashing the Charge Sheet wherein the Government was granted four months time to complete the Disciplinary Proceedings arising from the subject Charge Sheet. Since, the Union of India did not comply with the aforesaid directions, the Petitioner again moved CAT seeking closure of the said Charge Sheet. The Union of India admittedly did not file any application for extension of time.

Vide the impugned Order dated July 20, 2021, the CAT allowed the Petitioner's application for closure of the Charge Sheet and rejected the Union's application for further extension of time with a further direction that the sealed cover qua the Petitioner be opened forthwith, and he be granted promotions at par with his juniors. The Petitioner then withdrew his application to approach High Court.

The division bench observed that “there is no gainsaying the legal position that the Disciplinary Proceedings cannot continue ad infinitum. Allowing such proceedings to continue ad infinitum would not only be highly prejudicial to the Petitioner herein but destructive of the Rule of Law. The RespondentUnion of India, being a „State‟ under Article 12 of the Constitution is bound to act in a fair non-discriminatory, reasonable and noncapricious manner. The conduct of the Respondent in the facts of the present over a long period of 05 years and not merely on one two dates of hearing, disentitles it for any discretionary relief of extension of time.”

“Once the application for extension of time to complete Disciplinary Proceedings filed by the Respondent was rejected, the Disciplinary Proceedings did not survive and all steps taken subsequent thereto by continuing the Disciplinary Proceedings were manifestly arbitrary, illegal and non-est in the eyes of law,” the bench said.

To Read the full text of the Order CLICK HERE

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