IMPORTANT POINT
Criminal proceedings against a retired government employee are not subject to the same limitations as departmental proceedings under the CCS (Pension) Rules, 1972.

JUDGMENT :

Kardak Ete, J.

Heard Mr. O. Pada, learned Counsel for the appellant-State. And also heard Mr. T. Tagum, learned counsel for the respondent.

2. This Intra-Court appeal is directed against the judgment and order dated 24.11.2020, passed by the learned Single Judge in WP(C) No.460(AP)/2019, whereby, the writ petition has been allowed by holding that the departmental proceedings and the police investigation against the respondent/petitioner are illegal and void ab initio, thereby, setting aside the U.O Note dated 07.05.2015, vide No.SLA/PER-01/2015-16/359 and the Vigilance Inquiry No.SIC(VIG.) P.S. Enquiry No.38/2017 and other consequential orders or proceedings. The learned Single Judge has also directed to pay the pension to the respondent/petitioner.

3. The respondent/petitioner was an Arunachal Pradesh Civil Service cadre officer, who had served in various capacities under the Govt. of Arunachal Pradesh and has retired from the post of Deputy Secretary (Power and Hydro Power), Govt. of Arunachal Pradesh, on attaining the age of superannuation on 31.12.2017.

4. Genesis of case emanates from the U.O. Note No.SLA/PER-01/2015-16/359, by one Shri Nabam Rebia, the then Speaker of the Arunachal Pradesh Legislative Assembly, to the Chief Secretary, Govt. of Arunachal Pradesh, alleging gross illegality/irregularities in recommendation for issuance of land allotment orders/ Land Possession Certificates (‘LPC’ in short) in Doimukh area. It has alleged that the respondent/petitioner while serving as Extra Assistant Commissioner, Doimukh during the year 2004 to 2009 had committed gross irregularities in issuing the land allotment orders/LPC in Doimukh area and had also recommended for issuance of LPC against the Block Development Office Complex and other Government buildings and land in exchange of gifts and bribes without following codal formalities.

5. Vide another U.O. Note No.SLA/PER-01/2015/346 dated 09.09.2015 addressed to the Chief Secretary, Govt. of Arunachal Pradesh, while referring to the earlier U.O. Note dated 07.05.2015, it was informed that the complainant had entrusted Panchayat members/leaders and some senior citizens of Doimukh area to cross-check the matter to ascertain the gravity of the allegation. On cross-checking, it was revealed that no such major irregularities have been found against the respondent/ petitioner and therefore, a request was made therein to drop the case against the respondent/petitioner.

Although, the complaint vide U.O. Note dated 07.05.2015 was sought for withdrawal and for dropping of the investigation/enquiry against the respondent/ petitioner vide U.O. Note dated 09.09.2015, the same was not considered. The Deputy Secretary (Personnel), forwarded the complaint to the Deputy Commissioner, Papum Pare District, Yupia and had directed to conduct the necessary enquiry into the allegation and to submit the report within a fortnight by 20.06.2016. Accordingly, the Deputy Commissioner, Papum Pare District, has conducted an enquiry and had observed that no documents of any kind could revealed against the respondent/petitioner of alleged land allotment/LPC over the government land after 7(seven) years of his transfer from Doimukh.

6. The inquiry report was submitted on 16.12.2016. Thereafter, the Under Secretary (Vigilance), Govt. of Arunachal Pradesh had endorsed the case to the Officer-in-Officer, SIC (Vig.) Police Station, Chimpu for fresh enquiry vide forwarding letter dated 15.09.2017. On receipt of the letter dated 15.09.2017, the Officer-in-Officer, SIC(Vig.) registered the same being Vigilance Inquiry No.SIC(VIG.) P.S Enquiry No.38/2017 and initiated a fresh enquiry. On completion of the enquiry, the SIC(Vig.) has submitted an enquiry report before the competent authority with a finding that the respondent/petitioner is found liable for prosecution under Section 13(2) of the Prevention of Corruption Act, 1988 and other sections of the Indian Penal Code due to his alleged role in allotment of