(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(Paras1619)
(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 be a valid ground to scuttle initiation of process of departmental proceedings.
AIR 2006 SC 207-Relied on(Para17)