Disciplinary authority is not taking action on enquiry report in the last five months. An enquiry was initiated by the disciplinary authority on receiving an anonymous complaint. The said complaint was false and frivolous because the facts stated in that complaint were not related to my nature of job. I am an accountant and my job is to sanction bills and other finance related files after receiving recommendations from the tender and accounts department. there was a system to finalise the bill before sending it to my office for sanction. Two superior officers, one from the tender department and another from the accounts section clears the bill and sends it to my office through a special messenger and marking on the bill. My department has no relation in inviting tender and clearing final bills. The allegation was unrelated to the sanctioning of the bill. it was related to inviting tender. that enquiry officer has exonerated me therefore, the disciplinary authority is not taking any action. My promotion is affected because it has been sealed cover. Please suggest proper legal action.
Asked from: Uttarakhand
You should promptly file a writ petition in the High Court under Article 226 of the Constitution of India, seeking a writ of mandamus against the disciplinary authority. The petition should request the court to direct the disciplinary authority to issue a final decision on the inquiry report within a specified timeframe. If the disciplinary authority fails to comply with the High Court’s directive, you may file a contempt application against them for non-compliance.
Disciplinary authority is bound to take final action on the outcome of enquiry report as early as possible. Causing inordinate delay in conclusion of departmental proceedings is violation of the fundamental right. Fair and speedy justice is a fundamental right under Article 21 of the constitution. Principle of speedy justice is also applicable on quasi-judicial proceedings. Departmental enquiry is a form of quasi-judicial proceeding. Hence, you should file a writ petition for commanding the authority to pass its decision as soon as possible preferably in a stipulated period of time.
Also read: Disproportionate punishment