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DEVENDRA KUMAR UPADHYAYA, KISHORE C. SANT
Toliram, s/o Phulaji Rathod – Appellant
Versus
State of Maharashtra, through the Secretary, Public Works Department – Respondent
JUDGMENT :
(Devendra Kumar Upadhyaya, CJ.) :
1. Rule. Rule made returnable forthwith. With the consent of learned counsel for the parties, all the three Writ Petitions have been taken up for final disposal.
2. Since all these petitions involve a common issue, as to whether the charge sheets served upon the petitioner are liable to be quashed in view of the provisions contained in Rule 27(2)(b)(ii) of the Maharashtra Civil Services (Pension) Rules, 1982, hence they have been heard together and are being decided by this common judgment which follows.
3. The petitioner, who retired from the post of Executive Engineer in the Public Works Department of State of Maharashtra on 31/5/2017, by instituting these petitions, challenges the common judgment and order dated 4/5/2022, passed by the Aurangabad Bench of Maharashtra Administrative Tribunal (hereinafter referred to as the Tribunal), whereby Original Applications No.935/2019, 936/2019 and 937/2019 have been dismissed and the prayers made therein for quashing the charge sheets issued against the petitioner has not been acceded to.
4. Shri Sujeet Joshi, learned counsel representing the petitioners has vehemently argued that, the Tribunal, whi
The issuance of charge sheets before retirement is sufficient to initiate departmental proceedings, regardless of when they are served, thus not violating the four-year limitation for initiating such....
Charge-sheets can be valid if issued on the retirement date, even if served afterward; mere issuance does not impede a candidate's rights until an adverse order is made.
Departmental proceedings against a retired employee cannot be initiated more than four years after the relevant event, as per Rule 7(2)(b)(ii) of OCS (Pension) Rules, 1992.
The timing of the initiation of disciplinary proceedings and the issuance of chargesheets in relation to an employee's retirement is crucial in determining the validity of departmental proceedings.
The requirement of valid sanction, limitation on initiating action after retirement, and the necessity of specific charges for fair opportunity for defense.
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