JUDGMENT :

BIREN VAISHNAV, J.

1. In this petition under Article 226 of the Constitution of India, the petitioner, an ex-employee of the Institute for Plasma Research has prayed for a direction for quashing and setting aside the show cause notice dated 08.11.2019 and the charge-sheet dated 01.12.2020.

2. Facts in brief are as under:

2.1 It is the case of the petitioner that he was appointed as Accounts officer-I on 22.04.2003 by the Institute for Plasma Research. On 07.06.2004, an office order was issued by which the petitioner was informed that he has completed the probation period. On 14.10.2011, the petitioner has been informed that he has been selected for the post of Accounts officer - II in the pay band of Rs.15600-39100 with the grade pay of Rs.6600/-. By an order dated 11.11.2012 the petitioner was designated as Head of the Accounts Department. Probation was declared complete by an order dated 17.10.2012.

2.2 The petitioner applied for the post of Deputy Registrar at the Indian Institute of Technology, Gandhinagar. The present employer - the respondent No.1 on 23.09.2016 issued a certificate declaring that it had no objection in the petitioner applying for the post. On 14.03.2017 the petitioner had tendered his resignation with a request to relieve him from services latest by 31.05.2017. On 10.03.2017, the Indian Institute of Gandhinagar issued a letter of appointment accepting the petitioner on the post of Deputy Registrar. On 31.05.2017, the respondent no.1 accepted the resignation given by the petitioner. On a request made by the petitioner, a communication was issued by the respondent no.1 dated 22.11.2017 by which the petitioner's demand for grant of pro-rata pension on benefits, the respondent no.1 informed the petitioner that as he had been absorbed on immediate basis in IIT, Gandhinagar, they would treat his case as deemed retirement. On 09.12.2017 office orders was issued sanctioning pensionary benefits.

2.3 For certain irregularities of misconduct, conducting during his service period with the respondent no.1, a show cause notice was issued to the petitioners on 08.11.2019. The petitioner responded to such notice by way of reply dated 15.11.2019. Relying on Rule 9 of the Central Civil Service (Pension) Rules 1972, especially Rule 9(2)(b) the petitioner requested that since he was no longer an employee of the respondent no.1, the inquiry proceedings be dropped. A memorandum of charges was issued on 01.12.2020 reiterating the imputations and allegations made in the show cause notice and the petitioner was called upon to submit his statement of defense within 10 days. On a request of extension of time, the time was extended. This charge-sheet issued by the respondent no.1 is subject matter of challenge in this petition.

3. Mr.Shalin Mehta learned Senior Advocate appearing with Mr.Hemang Shah for the petitioner made the following submissions:

3.1 Mr.Mehta would submit that if the charge-sheet is perused, which is dated 01.12.2020, the events for which the charges are issued, are more than four years old. He would therefore submit that for any event before 30.11.2016, no charge can be issued to the petitioner because the same would violate the provisions of Rule 9(2)(b)(ii) of the Central Civil Services Pension Rules.

3.2 Mr.Mehta would submit that a petitioner joined the Institute for Plasma Research (IPR) on 22.04.2003. Taking the Court to the certificate at page 372 of the paper-book, Mr.Mehta would submit that the petitioner applied for the post of Deputy Registrar and the certificate to that effect was issued categorically stating that in case the petitioner is selected for appointment to the above post, he will be relieved from duty. Inviting the attention to the communication dated 12.03.2017, 31.05.2017 and 22.11.2017, Mr.Mehta would submit that the technical resignation of the petitioner was accepted from the institute, the petitioner was then relieved, subsequently the petitioner was absorbed with the Indian In