AIROnline 2025 SC 199

Supreme Court Of India

(From : Madhya Pradesh)

Hon'ble Judge(s): Abhay S. Oka, Augustine George Masih , JJ

(A) Constitution of India , Art.226— Disciplinary proceedings - Legality - Delinquent was charged with granting land settlement to ineligible persons in an illegal manner, contrary to rules - Charges fell under category of wrongful order, which did not appear to have been influenced by extraneous factors or gratification - Order appeared to have been passed in good faith - Power exercised by delinquent in his capacity as a Tehsildar, while passing order of Land Settlement , could not be considered to be of a nature that would warrant disciplinary proceedings. Judgment of Division Bench of Madhya Pradesh High Court, D/- 30.04.2019-ReversedAIR 1993 SC 1478-Relied on (Para 16 19) (B) Constitution of India , Art.226— Disciplinary proceedings - Legality - Delay in issuance of charge-sheet - Factum of delay has to be considered in the light of facts and circumstances of each case - Unexplained inordinate delay in initiating departmental proceedings despite alleged misconduct being within knowledge of department, would warrant quashing of the charge sheet - Where department was not even aware of such irregularities or misconduct, which indicated extraneous influences and gratifications etc , delay, by itself would not b....