Disciplinary Proceedings Against Retired Persons Must Be Concluded Within Four Months.

The applicant, Shri Meitangkeishangbam Tomba Singh, preferred an Original Application (O.A.) seeking to quash the impugned Charge Memorandum No. F-6/M.Tomba/PM/IPHO dated 24.02.2023 (Annexure-A1) and for the release of his regular pension and other retiral benefits.

During the hearing, the learned counsel for the applicant submitted that the applicant would be satisfied if the O.A. was disposed of with a direction to the respondents to dispose of the pending Disciplinary Proceedings within a time frame as per the judgment in *Prem Nath Bali v. Registrar, High Court of Delhi and Anr. (2015) 16 SCC 415*.

The learned Additional Central Government Standing Counsel (Addl. CGSC) for the respondents argued that the O.A. was time-barred as the disciplinary proceeding was initiated in 2023.

Whether the Impugned Charge Memorandum No. F-6/M.Tomba/PM/IPHO dated 24.02.2023 should be set aside and quashed with all consequential benefits.

Whether the respondents should be directed to release the regular pension and other retiral benefits of the applicant.

Whether, despite the contention of the O.A. being time-barred, a direction should be issued to the respondents to dispose of the pending disciplinary proceedings within a time frame.

The court considered the principle laid down by the Hon’ble Supreme Court in *Prem Nath Bali V. Registrar, High Court of Delhi and Anr. (2015) 16 SCC 415*, which guides the timely disposal of disciplinary proceedings, especially for retired persons.

The Tribunal noted the applicant's innocuous prayer for the disposal of the pending Disciplinary Proceedings, particularly given that the applicant is a retired person.

Without delving into the merits of the case or the time-bar objection, the Tribunal decided to exercise its discretion to direct the expeditious conclusion of the disciplinary proceedings.

This approach aligns with the principle from *Prem Nath Bali*, which emphasizes avoiding undue delay in such matters, especially when a litigant's post-retirement benefits are affected.

The Tribunal explicitly stated that its order did not comment on the merits of the case, thereby preserving the rights of both parties in the disciplinary proceedings.

It directed the respondents/competent authority to dispose of the pending Disciplinary Proceedings within a period of four months from the date of receipt of the Order, in accordance with the law laid down by the Hon’ble Supreme Court in *Prem Nath Bali V. Registrar, High Court of Delhi and Anr.* and relevant rules, and to pass an appropriate order under intimation to the applicant.

No order was made as to costs.