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DEEPAK SIBAL
Raj Pal – Appellant
Versus
State of Haryana – Respondent
JUDGMENT
Deepak Sibal, J. - Through the present petition the petitioner seeks quashing of order dated 05.10.2021 through which under Rule 12.2(b) of the Haryana Civil Services (Pension) Rules, 2016 (for short, the Rules) a regular departmental inquiry has been ordered to be held against him on the ground that between the years 1986-88, while he was posted as an Inspector in the Haryana Police at Karnal, he had also passed his LLB course from Rajasthan and therefore could not have been present at two places at the same time.
2. The facts, in brief, which are required to be noticed for adjudicating upon the instant petition are that on 15.11.1981 the petitioner was recruited as a Constable in the Haryana Police. Thereafter he earned promotions to the posts of Head Constable, Assistant Sub Inspector, Sub Inspector and in the year 2009 was promoted as an Inspector from which post he superannuated on 30.06.2019. After attaining the age of superannuation he was granted one year's extension in service which came to an end on 30.06.2020. Thereafter, on 05.08.2021 the Additional Chief Secretary, Department of Home, Haryana accorded necessary permission to initiate a departmental inquiry again
The central legal point established in the judgment is that the initiation of departmental proceedings against a retired employee for events occurring more than four years prior to the initiation of ....
The main legal point established in the judgment is that departmental proceedings against a retired employee cannot be initiated after 4 years from the date of the alleged incident, as per Rule 2.2 (....
The main legal point established in the judgment is the limitation imposed by Rule 2.2(b) of the Punjab Civil Services Rules, Volume-II on initiating departmental proceedings for events occurring mor....
Article 168-A of the J&K Civil Services Regulations empowers the government to conduct departmental proceedings against a retired government employee to determine financial loss caused by the employe....
: In absence of rules and regulations providing to the contrary, disciplinary proceedings against a retired Government Official cannot be instituted or continued.
Departmental proceedings against a retired employee cannot be initiated for events occurring more than four years prior, as established by Rule 7 of the Orissa Civil Services (Pension) Rules, 1992.
Not only such departmental enquiry would lapse after retirement of such employee, he/she shall be entitled for the emoluments payment to him/her.
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