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Supreme Court of India 2021-09-06 allowed

State of Madhya Pradesh & Anr vs Akhilesh Jha & Anr

Bench: 3 — Dhananjaya Y Chandrachud, Vikram Nath, Hima Kohli

In Brief

The State of Madhya Pradesh initiated a disciplinary enquiry against Akhilesh Jha, a Police Superintendent, for operating an illegal 'Gunda Squad' in violation of superior orders, allegedly connected to a custodial death. A charge-sheet was issued in June 2016. The Central Administrative Tribunal quashed it in January 2018 citing a two-year delay and alleged vagueness. The High Court upheld this decision. The Supreme Court reversed the orders, holding that delay alone does not vitiate a disciplinary enquiry without demonstrable prejudice. The charge was sufficiently clear and detailed. The Court allowed the disciplinary enquiry to proceed expeditiously.

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Administrative Law Public Service Discipline Departmental Enquiry Natural Justice Procedural Due Process

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