9911796707
TMI Blog1996 (10) TMI 512X X X X Extracts X X X X X X X X Extracts X X X X ..... ted, are that in April 1996, the Central Bureau of Investigation (hereinafter referred to as CBI) upon information that substandard crates have been supplied to the Food Corporation of India, Appellant 1 in both the appeals (hereinafter referred to as the appellant-Corporation ) carried out surprise checks and took samples and thereafter suo motu investigation was undertaken by the CBI. As a result of the investigation it was found that the crates had only 30% Kail/Deodar and, as a result, the appellant-Corporation had suffered loss to the tune of ₹ 9,80,056 and ₹ 2,89,340. The CBI submitted its report on 30-12-1988 wherein it recommended holding of disciplinary proceedings against the employees concerned of the appellant-Corpo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... delay in initiation of disciplinary proceedings or whether they are being unnecessarily prolonged has to be considered in the light of the facts of the particular case. On an examination of the facts of this case we find that the alleged misconduct came to light in April 1986 after the CBI carried surprise checks in April 1986 and the samples that were taken were found to be substandard by the Forest Research Institute, Dehradun. Thereafter, the CBI took up the investigation in the matter suo motu and submitted its report on 30-12-1988 wherein it recommended the holding of disciplinary proceedings against the employees concerned including the respondents. Shri Vivek Gambhir, the learned counsel for the appellants, has invited our attention ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ration of the charge-sheet against the employees concerned and the charge-sheets were served on the respondents in September 1990. The charge-memos that have been served on the respondents show that in the said charge-memos reliance has been placed on 69 documents and 44 witnesses. Having regard to the alleged misconduct and the fact that large number of documents and statements of witnesses had to be looked into it cannot be said that the period of slightly more than one year taken in serving the charge-memos after the recommendations of the Central Vigilance Commission is unduly long. 7. As regards the progress of the proceedings after the service of the charge-memos Shri Gambhir has pointed out that after serving the charge- ..... X X X X Extracts X X X X X X X X Extracts X X X X
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