‘Probe against staff must be over within timeline’

HC OBSERVATION

‘Probe against staff must be over within timeline’

Vasantha.Kumar@@timesgroup.com

Bengaluru:31.01.2021

In the matter of holding inquiry proceedings against a delinquent employee, the state government and its instrumentalities have to adhere to the timeline stipulated in the official memoranda in letter and in spirit and not place the same in cold storage, the high court has said.

The court made the observation while coming to the rescue of a retired official of Mysore Urban Development Authority. Not only did the HC quashthe de novo (fresh) probe initiated against BS Rangaswamy in June 2018 — six years after his superannuation — but also directed MUDA to pay Rs 25,000 as costs to him.

Apart from ordering release of all pending terminal benefits in 15 days with 6% interest, the court held that Rangaswamy is entitled to promotion if the same is withheld on account of pendency of proceedings. “This court notices with pain in umpteen number of cases where disciplinary proceedings are initiated by issuance of chargesheet and are not concluded within a reasonable time, and the employee is kept on the tenterhooks and denied service and terminal benefits that would become available to him,” Justice M Nagaprasanna said.

The judge also pointed out that in the official memoranda issued on May 31, 1997, a cap of 21 months was fixed and the same modified by another memoranda issued on June 28, 2001, by which the time limit was reduced to 9 months.

Relief for ex-MUDA staffer

Ramaswamy, now 65, had joined MUDA in 1996. When he was working as a first-division assistant, a probe was initiated in December 2003 vis-a-vis certain omissions and commissions and he was kept under suspension along with others. Two years later, the suspension was revoked.

In April 2005, a chargesheet was issued and an officer appointed to conduct departmental inquiry. However, the probe commenced only in July 2009 and after nine years, the officer closed the proceedings, holding Rangaswamy not guilty as MUDA had not produced documents or witnesses. MUDA had suspended him in January 2021 before the report was submitted on March 3, 2018, MUDA, on June 27, 2018 issued an order initiating fresh probe against Ramaswamy. He challenged it in the high court.