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VIKAS BAHL
Balwinder Singh – Appellant
Versus
State of Punjab – Respondent
Judgment
Mr. Vikas Bahl, J.
This order will dispose of the above-said four writ petitions as common questions of facts and issues of law arise in the said writ petitions.
2. Separate replies filed on behalf of respondents No.1 to 4 in each of the cases are taken on record. Copies thereof have been supplied to learned counsel for the petitioners.
3. Primary prayer in the said four writ petitions is for setting aside the speaking orders passed by respondent No.1 and also the inquiry proceedings and the charge-sheets issued by respondent No.1, on the ground of the same being barred under Rule 2.2(b) of the Punjab Civil Services Rules, Volume-II (hereinafter referred as “the Rules”), inasmuch as, the same have been issued after retirement of the petitioners, for an event which had taken place more than four years prior to the initiation of the disciplinary proceedings i.e. issuance of charge-sheet.
4. On 10.01.2024, this Court was pleased to pass similar orders in the above-said writ petitions. The order passed in CWP-341-2024 is reproduced herein-below: -
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.
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 (....
Pension rights are vested and cannot be arbitrarily denied; disciplinary actions post-retirement must adhere to statutory limits prohibiting proceedings for incidents beyond four years.
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 ....
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