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Disciplinary Charge Sheet Quashed – Inordinate Delay of 10 years

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Charge-Sheet One Day Prior to the Retirement

Pension Rights cannot be defeated by stale or dormant disciplinary proceedings

Disciplinary Charge-sheet issued after inordinate and unexplained delay of more than 10 years, on the eve of retirement, followed by prolonged inaction in not conducting the inquiry is arbitrary and caused prejudice to the employee.

Judgment dated 4.5.2026 of the High Court of Bombay, Bench at Nagpur, in  Writ Petition No.826 of 2026 of the State of Maharashtra and others   Vs.  Sunilkumar Manikrao Kandalkar

Quashing of Disciplinary Charge Sheet for Inordinate Delay of 10 years

One day prior to the retirement in 2015, the charge sheet was served on the respondent Deputy Commissioner of Social Welfare for irregularities in issuing bogus GOI scholarship and misappropriation of funds for the period of 2000-2003.

The Tribunal quashed the departmental proceedings and directed pension and pensionary benefits given to the petitioner.

Even otherwise, no inquiry was conducted for nine years after issuance of the charge-sheet.

203200008262026_8.pdf

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