The Kerala High Court recently made a significant ruling regarding the rights of delinquent public servants to be tried within a reasonable time. The court emphasized that a fair process is central to the dispensation of justice.
Background of the Case
The court was deciding a batch of petitions related to disciplinary action proposed against a public servant before the Tribunal. The applicant, Kishore Kumar, had his name included in the select list for consideration for conferment to the Indian Police Service (IPS) in the Kerala Cadre for the years 2019 and 2020, subject to clearance of disciplinary proceedings.
Right to Be Tried Within a Reasonable Time
The Division Bench of the Kerala High Court, comprising Justice A. Muhamed Mustaque and Justice S. Manu, observed that a delinquent public servant has the right to be tried within a reasonable time. The court emphasized that fair process is central to the dispensation of justice. If there is an inordinate delay in initiating disciplinary proceedings against a delinquent employee without plausible reasons and without any other public interest involved, it may lead to the conclusion of waiver of proceedings against the delinquent public servant.
Abuse of Process and Waiver of Proceedings
The court further stated that if the delay in initiating disciplinary proceedings cannot be attributed to the delinquent public servant and the allegations do not constitute any misconduct that requires evidence and fact-finding, such delay would amount to an abuse of process. In such cases, the court may conclude that the proceedings against the delinquent public servant have been waived.
Delay and Prejudice
The court took note of the fact that the investigation conducted by Kishore Kumar took place between 2008 and 2010, and the charge memo was issued only in 2022. The court highlighted that if the delay significantly prejudices the delinquent public servant, it becomes clear that a fair process of inquiry cannot be ensured. Undue delay in initiating disciplinary action can also amount to an abuse of process.
Conclusion of the Case
Based on the above considerations, the Kerala High Court allowed the original petition of Kishore Kumar, dismissed the petition of the State, set aside the charge memo, and quashed the entire disciplinary action against him.
In summary, the Kerala High Court has emphasized the right of delinquent public servants to be tried within a reasonable time and the importance of a fair process in the dispensation of justice. The court ruled that delay in initiating disciplinary proceedings, without plausible reasons and without any other public interest involved, may lead to the conclusion of waiver of proceedings against the delinquent public servant.
