Point of law: the date of application of mind on the allegations levelled against an officer by the competent authority as a result whereof charge-sheet is issued, would be the date on which the disciplinary proceedings said to have been initiated and not prior thereto.

JUDGMENT

Sunita Agarwal, J.

1.The present writ petition is directed against the order dated 04.12.2020 passed by the respondent no.2 whereby a charge-sheet with the statement of imputations on each article of charge had been served upon the petitioner, calling him to submit his reply within a period of 15 days alongwith a written statement of defence of each article of charge.

2. The challenge is on the ground that the petitioner had retired on 29.05.2020 on attaining the age of superannuation and had been relieved from the Kolkata Port Trust (KOPT), wherein he was sent on deputation. The petitioner had initially joined the respondent no.4, the Artificial Limbs Manufacturing Corporation of India (ALIMCO), Kanpur (Government of India undertaking) (under the Ministry of Social Justice and Empowerment) on 13.06.2013 and worked there till 30.06.2017 when he was relieved to join Kolkata Port Trust on deputation under the Ministry of Shipping, Government of India.

3. It appears that a show-cause notice dated 26.05.2020 was sent by the Chairman and Managing Director, Artificial Limbs Manufacturing Corporation of India (ALIMCO) whereby the petitioner was called upon to show-cause as to why the disciplinary action be not initiated against him for the lapses in making selections in the year 2013.

4. Sri S.M. Iqbal, learned counsel for the petitioner vehemently argued that Rule-30(A) of the Conduct, Discipline and Appeal Rules (CDA Rules) of the Corporation (ALIMCO) does not permit institution of disciplinary inquiry after retirement of an employee of the Corporation. Sub-Rule (1) of Rule-30(A) only contemplates that the disciplinary proceedings instituted prior to retirement of the employee or during his re-employment, i.e. while the employee was in service, shall be continued even after the retirement and concluded by the Authority which had commenced in the same manner as if the employee had continued in service.

5. It is contended that the charge-sheet, which is subject matter of challenge, had been issued on 04.12.2020, much after the retirement of the petitioner. The disciplinary inquiry, therefore, cannot proceed.

6. Reliance is placed on the decisions of the Apex Court in the case of Delhi Development Authority vs. H.C. Khurana reported in AIR 1993 SC 1488, UCO Bank & others vs. Rajinder Lal Capoor reported in AIR 2007 SC 2129 and a judgment of the learned Single Judge of this Court in Mahendra Prakash Srivastava vs. District Judge, Allahabad reported in 2016 (3) ADJ 35, to submit that the date of institution of disciplinary proceedings shall be the date when charges framed against the petitioner were issued to him. The disciplinary proceeding cannot be deemed to have been instituted on any date prior to the date of issuance of the charge-sheet.

7. Sri Rahul Shukla, learned counsel for the respondent, however, relies upon the show-cause notice dated 26.05.2020, (Annexure-2 to the writ petition) to submit that the decision to initiate disciplinary inquiry was taken prior to the superannuation of the petitioner. With the issuance of the show-cause notice dated 26.05.2020, the respondent no.2, the competent authority of the Corporation had made it clear that the petitioner was found prima facie guilty of misconduct under Rule-4(1)(i)(ii)(iii) and Rule 4(2) and Rule 5(5), (9), (21) of CDA Rules of the Corporation.

8. As per the contention of the counsel for the respondent, with the issuance of the show-cause notice, sufficient compliance of Rule-30(A) had been made and the disciplinary proceeding, which was instituted prior to the superannuation of the petitioner with the issuance of the show-cause notice dated 26.05.2020, shall be deemed to be continued in view of Rule 30(A)(1) of the CDA Rules.

9. The submission is that once the competent authority had arrived at the satisfaction that a departmental inquiry was to be instituted and conveyed it with the issuance of the show cause notice dated 26.05.2020 on the basis of a preliminary