Chhattisgarh HC Applies July Order’s Four-Month Deadline To Deputy Commandant’s Inquiry After Officers Were Appointed 16 Months After Charge-Sheet

The petitioner, a Deputy Commandant, received a show-cause notice on 24 April 2024 and a charge-sheet on 25 November 2024; he denied the allegations and charges.

The Inquiry Officer and Presenting Officer were appointed only on 7 April 2026.

Relying on a 12 March 2013 GAD circular prescribing a one-year period for concluding departmental inquiries, the petitioner sought a direction requiring the respondents to conclude the inquiry within a stipulated time.

The parties submitted that the issue was governed by the High Court’s earlier order in Vinay Kumar Tripathi v. State of Chhattisgarh & Others, WPS No. 5073 of 2026.

In Prem Nath Bali v. Registrar, High Court of Delhi, (2015) 16 SCC 415, the Supreme Court held that employers must make sincere efforts to conclude departmental inquiries promptly, ordinarily within six months; where unavoidable causes prevent this, a reasonable extension may be allowed, but the inquiry should generally not continue beyond one year.

The High Court’s order in Vinay Kumar Tripathi applied that principle and directed completion within four months, with further appropriate steps—including consideration of dropping the proceedings where they could not justifiably proceed—if completion was not achieved.

The petitioner also relied on the GAD circular dated 12 March 2013, which prescribed a one-year period.

The Court found the facts and issue identical to those in Vinay Kumar Tripathi and saw no reason to adopt a different approach.

It therefore applied the directions and principles stated in that earlier order to the petitioner’s request for timely conclusion of the inquiry.

Accordingly, the respondents were directed to endeavour to conclude the inquiry within four months; if unable to do so, they were to take appropriate steps consistent with Prem Nath Bali, including consideration of dropping the proceedings where they could not proceed for justifiable reasons, or expediting them where bona fide, genuine and cogent administrative reasons existed.