Disciplinary action against errant employees shouldn’t be delayed: Andhra Pradesh HC

A charge memo was issued to Satyanarayana Murthy in 2005 and he responded to the same.
Andhra Pradesh High Court. (File photo)
Andhra Pradesh High Court. (File photo)

VIJAYAWADA: The Andhra Pradesh High Court on Friday said there should not be an inordinate delay in taking disciplinary action against errant employees. It found fault with the issuance of show cause notice to a staffer to take action 10 years after a charge memo was issued.

The bench of Justice Ch Manavendranath Roy and Justice V Gopalakrishna Rao gave the orders while hearing a case filed by the agriculture department officials challenging the orders of the AP Administrative Tribunal (APAT) given in favour of an employee.

KVV Satyanarayana Murthy of Srikakulam district was an agriculture officer. When posted as an assistant director on deputation in Araku, there were allegations of negligence in discharging duties against him as well as his colleagues.

A charge memo was issued to Satyanarayana Murthy in 2005 and he responded to the same. Stating that the explanation was not satisfactory, the higher officials ordered for an inquiry, which concluded in 2010.
In the inquiry, though it was not proven that the officer did not indulge in misappropriation of funds, the inquiry officer gave report alleging negligence in discharging duties.

Even while the inquiry was on, Satyanarayana Murthy retired from service on December 12, 2008. No action was taken for five years. In 2015, showcause notice was served on Satyanarayana Murthy seeking explanation as to why penalty should not be imposed on him. Satyanarayana Murthy approached the APAT, which gave orders striking down the showcause notice issued in 2015 as well as the charge memo in 2005.

The Special Chief Secretary (Agriculture) and the Director challenged the APAT orders in 2017, which upheld the tribunal orders.The bench said the employee was put in a state of dilemma during his service as well as for 15 years after his retirement. The bench observed that the employee could not be held responsible for the inordinate delay in taking disciplinary action.

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