Summary
The Court restored disciplinary proceedings against a police superintendent accused of operating a prohibited squad contrary to superior officers’ instructions. The charge-sheet and accompanying imputations sufficiently identified the case to answer. Two years’ delay did not by itself vitiate the inquiry: lost deputation or promotion opportunities did not demonstrate prejudice to the defence. The appeal was allowed, with expeditious completion directed and lawful entitlement to any releasable retirement dues preserved.
Issues
- Whether the charge-sheet and supporting imputations were impermissibly vague.
- Whether the alleged delay and its effect on career opportunities justified quashing the disciplinary inquiry.
Held
- The charge-sheet had to be considered together with its statement of imputations and supporting documentary list. Those materials described the alleged disobedience, operation of the squad and relevant incident in adequate detail; the finding of vagueness or ambiguity was erroneous. (¶¶ 10, 11, 12, 13)
- Delay does not automatically invalidate a disciplinary inquiry. Prejudice must be shown on the circumstances of the case rather than presumed. The officer’s asserted inability to secure deputation or promotion did not establish that the two-year delay impaired his ability to defend the charges. (¶ 13)
- The Tribunal, having initially declined to quash the charge-sheet, could have directed expeditious completion rather than extinguishing the inquiry on the grounds relied upon. The High Court erred by affirming its fundamentally flawed order. (¶¶ 5, 7, 13)
- The appeal was allowed and the High Court’s judgment set aside. Since the charge-sheet was issued during service, the inquiry could continue to its conclusion, expeditiously and preferably by 31 July 2022. Any retirement dues, including gratuity, lawfully releasable were to be addressed within two months of the order. The Court did not determine the officer’s guilt or unconditionally release all dues. (¶¶ 14, 15)
Result
Appeal allowed; disciplinary proceedings restored for expeditious completion. Steps to release any lawfully payable retirement dues directed within two months.