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Prem Nath Bali v. Registrar, High Court of Delhi & Anr.

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 958 of 2010)Decided 16 Dec 2015
Civil Appeal No. 958 of 2010
Justice J. Chelameswar · Justice Abhay Manohar Sapre

Background

The appellant joined the Delhi District and Sessions Court as a clerk in 1965 and was later promoted to Upper Division Clerk in charge of a copying agency. After a complaint by a colleague in 1990 he was suspended, and a departmental inquiry was held over more than nine years. He was then compulsorily retired, and the period of suspension was excluded when his pension was calculated.

Decision Breakdown

The Court found that the inquiry had followed the principles of natural justice, and it declined to interfere with the finding of misconduct or the punishment of compulsory retirement, which it held proportionate to the proved charges. However, it held that the delay of over nine years in concluding a one-charge inquiry was unjustified and was attributable to the employer as well as the employee. It stated that employers should conclude inquiries within six months, and in any case within a year, and that the period of suspension must therefore be counted for pension purposes. The appeal was allowed in part, and the authorities were directed to recalculate the pension and pay the arrears within three months.

Lesson Learnt

A government employee who is fairly tried may not get a punishment overturned simply because it feels harsh, but an employer that drags out an inquiry can lose money: the suspension period may have to count towards pension. Employers are expected to finish disciplinary cases within a reasonable and short time.

Official source (sci.gov.in)View Judgment (PDF)

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