DATE OF JUDGEMENT:
06/09/2021
CORAM:
- Hon’ble Justice Dhananjaya Y Chandrachud
- Hon’ble Justice Vikram Nath
- Hon’ble Justice Hima Kohli
PARTIES:
- Appellant: State of Madhya Pradesh & Anr
- Respondents: Akhilesh Jha & Anr
SUBJECT
The Supreme Court in the instant case explained that delay in conducting an inquiry does not vitiate it or make it void. It must be shown that prejudice has been caused on the basis of all the circumstances of the case. Prejudice must be demonstrated to have been caused and cannot be a matter of conjecture to conclude that the right to defend oneself is prejudicially affected by the delay in conducting the inquiry.
OVERVIEW
- The case pertains to an officer who allegedly formed and supervised a Gunda squad. It was revealed that some of the Gunda squad members arrested a person who died in police custody.
- A Magisterial inquiry was conducted into the incident, and the report of same was submitted in October 2014. A charge-sheet was issued against the officer on June 8, 2016.
- The chargesheet was quashed by the Central Administrative Tribunal on the grounds that it did not provide enough details of the charges and there was a delay nearly of two years. The Supreme Court, however, the charges alleged are well elaborated.
RELEVANT PROVISIONS
- Rule 8 of All India Services (Discipline and Appeal) Rules, 1969- The Inquiring Authority should conclude the inquiry and submit his report within a period of six months from the date of receipt of order of his appointment as Inquiring Authority. In case of delay, the Inquiring Authority may record the reasons and seek extension of time from the disciplinary authority in writing, who may allow an additional time not exceeding six months for completion of the inquiry.
- Rule 03 of All India Services (Conduct) Rules, 1968- Every member of the Service shall at all times maintain absolute integrity and devotion to duty and shall do nothing which is unbecoming of a member of the Service.
ISSUE
- Can delay in conducting disciplinary inquiry vitiate it?
ANALYSIS
- The Supreme Court noted that the statement of imputations also included a reference to the Duty Register and the General Diary. The list of documents included in the charge-sheet referred to documents that were intended to be proved.
- On the basis of the record, it was impossible to hold that charges against the first respondent are ambiguous or vague. The charge-sheet and its accompanying statement of imputations provide a detailed explanation of the charges against the first respondent.
- One of the respondents, in particular, claimed that the delay in the conduct of the inquiry has caused prejudice to him by opportunities of being promoted or deputized as his other batch mates. The Petitioner has maintained that there was no delay in the enquiry and that if the deadline was fixed, a direction could have been issued.
- The Apex Court held that a delay in conducting a disciplinary inquiry does not vitiate it. It should not be regarded as an ipso facto decision to vitiate the enquiry. Even if the respondent could not proceed on deputation or seek promotion because of the delay in the enquiry, the right to defend himself should not be affected by this delay only on this basis. The Court has failed to properly exercise its jurisdiction in this case by simply affirming the decision of the tribunal.
CONCLUSION
Prejudice must be demonstrated to have been caused and there cannot be a matter of conjecture to conclude that the right to defend oneself is prejudicially affected by the delay in conducting the inquiry. The court concluded the matter by directing that since the charge sheet was issued while the officer was on duty, disciplinary enquiry must proceed to a conclusion preferably as soon as possible.
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Hope you enjoyed reading this judgement. Here are a few questions for you, let us know your answers in the comments sections-
- Can delay in conducting disciplinary inquiry vitiate it?
- What must be demonstrated to hold the enquiry void due to delay?
