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IN THE HIGH COURT OF ALLAHABAD, LUCKNOW BENCH
Hon'ble Rajesh Singh Chauhan,J.
Narendra Singh – Appellant
Versus
State Of U.P. Thru. Prin. Secy. Nagar Vikas Lko. – Respondent
JUDGMENT :
Rajesh Singh Chauhan, J.
1. Heard Sri Manish Misra and Sri Sarvesh Kumar Saxena, learned counsels for the petitioner and Sri Pankaj Patel, learned Additional Chief Standing Counsel for the State-opposite parties.
2. Both the aforesaid writ petitions have been filed by one and the same petitioner, therefore, with the consent of learned counsel for the parties, both the writ petitions have been connected and are being decided by a common judgment.
3. On the basis of arguments so advanced by the learned counsel for the parties in both the writ petitions and pleadings so exchanged therein, the question involved in the writ petitions is that as to whether departmental inquiry would be treated to have been initiated with effect from the date when the order for initiation of departmental inquiry is issued or from the date when the charge-sheet is issued to the charged employee seeking defence reply.
4. In the first writ petition i.e. Writ-A No.4265 of 2024, the petitioner challenged the order dated 19.01.2016 passed by the Director, Local Bodies Directorate, Lucknow initiating the departmental inquiry against the petitioner after about ten months from his retirement on the minor all
Departmental inquiries against retired employees must be initiated within four years of the alleged misconduct, with the charge-sheet marking the official start of proceedings.
Inordinate delay in initiating disciplinary proceedings post-retirement can prejudice the defense, warranting quashing of charge memos under Rule 214 of KCSRs.
Unexplained delay in initiating departmental proceedings can lead to prejudice against the accused, and mere negligence does not amount to misconduct as defined under disciplinary rules.
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....
Disciplinary proceedings against an employee must be initiated before retirement; a charge sheet issued after superannuation is invalid.
The central legal point established in the judgment is the interpretation and application of Rule 8 (2) (c) (ii) of the Central Civil Service (Pension) Rules, 2021, regarding the limitation of depart....
Disciplinary proceedings against a bank officer must be initiated with a formal charge-sheet before superannuation; otherwise, they are deemed illegal.
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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