In a noteworthy legal development, the High Court of Judicature for Rajasthan, Bench at Jaipur, has invalidated a 5% pension reduction penalty imposed for two years. This penalty was imposed in a case where the petitioner received a charge sheet just a day before retiring, leading to a substantial delay of 14 years. 

The case pertained to Ramanuj Sharma (now deceased) represented by his legal representatives as the petitioner and the State of Rajasthan as the respondent.

In his ruling, Justice Anoop Kumar Dhand determined that the delay in commencing disciplinary proceedings and concluding the investigation was unjustified and capricious. The judge cited, "It is well-established that disciplinary proceedings should be conducted promptly, either immediately after the misconduct is committed or promptly upon its discovery. Initiating such proceedings after a significant lapse of time would be unfair to the accused officer."

The petitioner, Ramanuj Sharma, had faced allegations of misconduct stemming from an incident dating as far back as 1977. However, the charge sheet was only presented to him on the verge of his retirement in 1991. The court determined that this significant delay in delivering the charge sheet and finalizing the inquiry resulted in substantial harm to the petitioner. The judge observed, "The actions of the respondent in this regard can be described as arbitrary."

The court underscored the significance of promptly commencing disciplinary proceedings, noting that "a delay in initiating disciplinary proceedings, in and of itself, may not be a determining factor that renders the proceedings invalid. However, if the charges are serious, a balance must be struck by considering the gravity of the charges and weighing the factors both in favor of and against proceeding with the case before reaching a fair judgment."

In the final verdict, the High Court ruled in favor of the petitioner, invalidating the penalty order and instructing the refund of any deducted pension amount, along with interest, to the legal representatives of Ramanuj Sharma.

Case: Ramanuj Sharma Vs State of Rajasthan, S.B. Civil Writ Petition No. 5731/1999.