Supreme Court of India
Durga Prasad v. Government of NCT of Delhi & Ors.
Civil Appeal arising out of SLP (C) No. 2111 of 2023
Date of Judgment: 23.04.2025
Neutral Citation: 2025 INSC 548
Ratio:
Remand for fresh disciplinary proceedings may be declined where long delay makes it harsh, unfair, or unnecessary.
DEPARTMENTAL PROCEEDINGS – Disagreement with inquiry report – Scope of remand – Delay and prejudice –
Civil appeal filed by the appellant, a retired police officer, challenging the High Court’s order granting liberty to the disciplinary authority to issue a fresh disagreement note after setting aside the penalty imposed on him. The appellant was proceeded against for alleged lapses during the 1984 riots; the Inquiry Officer exonerated him, but the Disciplinary Authority disagreed and imposed punishment. The High Court set aside the punishment holding the disagreement note to be defective, but granted liberty to proceed afresh. Held, though ordinarily matters may be remanded where procedural infirmities are found, remand is not mandatory and may be declined where a long time-lag renders it harsh or unnecessary. Considering that the incident was over four decades old, the appellant had long since demitted office, and the disagreement note was cryptic and ignored material findings of the Inquiry Officer, permitting a fresh exercise would be wholly unfair. Liberty granted by the High Court to issue a fresh disagreement note set aside. Appellant held entitled to all consequential benefits including revision of pension. Civil appeal allowed.