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JAGMOHAN BANSAL
Paramjit Kaur – Appellant
Versus
State of Punjab – Respondent
JUDGMENT :
JAGMOHAN BANSAL, J.
1. The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of charge sheet dated 15.06.2023 (Annexure P-3) and order dated 12.12.2023 (Annexure P-5) whereby Enquiry Officer has been appointed.
2. The petitioner joined respondent Department as Steno on 06.10.1988. The petitioner on account of her hard work was promoted as Senior Assistant on 20.11.2006 and she retired on attaining the age of superannuation on 31.03.2020. The respondent has issued charge-sheet dated 15.06.2023 with respect to alleged act committed on 11.05.2017.
3. Learned counsel for the petitioner submits that as per Rule 2.2 (b) of the Punjab Civil Services Rules, Volume II, no departmental proceedings against a retired employee can be initiated in respect of an event which took place more than 4 years from the date of institution. The petitioner retired on 31.03.2020 and charge sheet has been issued on 15.06.2023 with respect to an event which took place on 11.05.2017. Charge sheet has been issued after 4 years from the date of alleged incident, thus, it is contrary to Rule 2.2 (b) of the Punjab Civil Services Rules.
4. Learned
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....
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 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 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....
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.
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