1000 TIT BITS ON DISCIPLINE -74
258. Extent of applicability of Principles of Natural Justice
It is now fully settled that principles of natural justice do apply to the departmental proceeding (U.P. Warehousing Corpn. v. V.N. Vajpayee, AIR 1980 SC 840]. Their applicability in a particular case will, however, depend on its specific facts. In Sri Bhagwan v. Ram Chand, AIR 1965 SC 1767, the Supreme Court observed :
“The extent and application of the doctrine of natural justice cannot be imprisoned within the strait jacket of a rigid formula. The application of the doctrine depends upon the jurisdiction conferred on the administrative authority, upon the character of the rights of the persons affected, the scheme and policy of the statute and other relevant circumstances disclosed in the particular case."
In view of the importance of the subject, a separate Chapter, the next one, is being devoted to the subject.
he administrative instructions cannot be issued in contravention of the statutory rules. But those of them which are issued to supplement the statutory
259. Is Inquiry vitiated by Delay
The delay in disciplinary proceedings can take place at two stages - (i) in the issue of charge sheet itself; and (ii) in finalising the proceedings after issue of the charge sheet. Position of rules and law in regard to both stages is explained below.
260. Delay in the issue of charge sheet.
Although the disciplinary rules do not prescribe any time-limit for the issue of a charge sheet against a serving employee, the trend in judicial thinking is that an inordinate delay in the process shall vitiate the proceedings [State of Madhya Pradesh v. Bani Singh, AIR 1990 SC 1308). In this case the irregularities, subject-matter of the inquiry, had taken place in the years 1975-77. These were within the knowledge of the Government even in April 1977. However, the charge sheet was issued on 22-4-1987. The Supreme Court held that the delay of twelve years was fatal to the proceedings. The Court observed “There is no satisfactory explanation for the inordinate delay in issuing the charge memo and we are also of the view that it will be unfair to permit the departmental enquiry to be proceeded with at this stage.” (para 4)
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