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June 9, 2012 at 7:46 pm #67565
Can any one enlighten me about any order of the Government of West Bengal as to in how many months a proceeding should be completed after framing of the charge by the Disciplinary Authority? If there is any order to this effect then kindly provide through this site.June 10, 2012 at 5:13 am #72823
There is a G.O. “Delay in the conduct of disciplinary proceedings – Time Schedule for different stages” vide Finance Department Memo No. 3772-F, dated 04.11.1967 which provide:
“The following time-schedule should be observed as closely as possible in dealing with disciplinary cases-
(a) The charge or charges should be handed over to the charged officer within seven days from the date of taking the decision to start formal proceedings. A decision should also be taken within that period whether the officer should be placed under suspension pending enquiry.
(b) The delinquent’s written statement of defence shall ordinarily be required to be submitted within a fortnight and In no case should the period of more than one month be allowed.
(c) The enquiry including the oral examination of the witness should be completed wilhln a month of the submission of the written statement. In case of outstatlon witness the time may be extended to three months.
(d) The report of the Inquiring officer where he is not himself the punishing authority should be submitted within seven days of the closing of the enquiry to the punishing authority or to the Vigilance Commission, if It has so advised.
(e) The punishing authority should make his provisional decision within a fortnight of the date of receipt of the report of enquiry or receipt of the advise of the Vigilance Commission on the report.
(f) The delinquent should be asked to show cause against the proposed punishment of dismissal, removal or reduction In rank, within ten days of the provisional decision.
(g) Where a reference to Public Service Commission Is necessary a report should be obtained within six weeks from the date of receipt of the final explanation of the delinquent.
(h) Final orders should be passed within a fortnight from the date of receipt of the final explanation of the Government servant or the advice of the Commission as the case may be.”
Ref reading: http://indiankanoon.org/doc/1059454/June 24, 2012 at 3:17 am #72915
Thanks for enlightening me. I have sudied the case law. In the case Tapan Kumar Saha vs State of West Bengal the Division Bench of Hon’ble justices Mrs.Ruma Pal and S.N.Bhattacharya of Calcutta High Court had ruled and clarified on the strength of the said order that any proceeding which continues beyond 5 months from the date of its initiation where the witnesses are local, and 7 months if the witnesses are from out station will be considered judicially as malafide and is liable to be quashed provided the charged officer had not applied any dialatory tactics to delay the proceeding like submitting medical certifcate for not attending,absence of defence assistant on the specified date or proceeding on leave on the date fixed etc. In the case of Tapan Kumar Saha who is an employee of Kolkata Police till now, the proceeding had continued for 2 years and he had been dismissed from Kolkata (then Calcutta ) Police as a Sergeant.The Division Bench had quashed the proceeding.The State went to Supreme Court where the Sate SLP was dismissed outright and not entertained at all.The said sergeant was reinstated from retrospective effect , got all his dues and seniority and was promoted as Inspector. He is now an Assistant Commissioner of Police in Kolkata Police and a living example of the victim of malafide proceeding.
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