UNION OF INDIA Vs. ARINDAM SOM

JUDGEMENT

(1.) This writ petition has been filed by the Union of India assailing the judgment and order dtd. 8/4/2024 passed by the Central Administrative Tribunal (for short 'CAT'), Guwahati Bench in OA No.040/0287/2018.

(2.) The OA was filed by the respondent assailing the order dtd. 17/11/2017 passed by the disciplinary authority imposing a penalty of withholding 30% of the monthly pension of the respondent for a period of two years.

(3.) The CAT, without going into the merits of the matter, set aside the order dt. 17/11/2017 passed by the disciplinary authority only on the ground that there has been inordinate delay and laches on the part of the respondent in initiating the disciplinary proceeding against the writ petitioner and relying upon the decisions of the Supreme Court in State of Punjab and Ors. Vs. Chaman Lal Goyal: (1995) 2 SCC 570 and P.V. Mahadevan Vs. Md. T.N. Housing Board: (2005) 6 SCC 636, quashed the charges. The CAT, in quashing the entire disciplinary proceedings, has also relied upon the guidelines issued for monitoring and expeditious disposal of the disciplinary proceedings cases vide DOPT's OM No.425/2012-AVD-IV(A) dt. 29/11/2012 and the Circular No.02/01/2016 of Central Vigilance Commission (CVG) dtd. 18/1/2016.