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Issues involved: Interpretation of a memorandum setting a time-limit for passing orders of punishment in disciplinary proceedings.
Summary: The Supreme Court heard an appeal from a decision of the Central Administrative Tribunal regarding a disciplinary enquiry against the respondent, Shri R.S. Saini. The Enquiry Officer found the respondent guilty of misconduct in November 1981, and the disciplinary authority issued an order of punishment on January 30, 1983, which was modified by the appellate authority in August 1985 and July 1986. The Central Administrative Tribunal quashed all three orders based on a memorandum from the Government of India dated January 8, 1971, which suggested a three-month time-limit for passing orders of punishment. The Tribunal considered this time-limit mandatory and set aside the orders for non-compliance. The Supreme Court examined the memorandum and found it to be a guideline rather than a strict time-limit. The Court noted that the memorandum allowed for flexibility if circumstances justified it, and non-compliance did not invalidate the order of punishment. Therefore, the Court set aside the Tribunal's decision and remanded the case for further hearing on its merits. The respondent was given the opportunity to challenge the order of punishment before the Tribunal. The appeal was allowed without costs.
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