AMRIK SINGH Vs. THE STATE OF PUNJAB

JUDGEMENT

(1.) THE writ petition is a challenge to constitution of disciplinary proceedings against the Petitioner who held the office of Tehsildar at the relevant time and superannuated subsequently in the year 1989. The charge sheet had been issued to him on 20.5.1983 on the basis of one complaint from Darshan Singh in respect of sale of land by auction that was held by the Petitioner in December 1964. Being an aggrieved person at the auction Darshan Singh challenged the auction before this Court in CWP No. 787 of 1965 which was dismissed on 1.9.1967. In a situation where the alleged action of the Petitioner was a subject of a challenge before this Court when the authorities also had notice of the auction. The charge sheet could not have been levied in the year 1984. The delay was nearly 17 years and there was simply no justification for such delay.

(2.) LEARNED Counsel refers to a decision of State of Madhya Pradesh v. Bani Singh and Anr. : 1990 (supp) SCC 738 that held as follows: