Disciplinary charges against retired government servants must adhere to the four-year statute of limitations outlined in Rule 9(2)(b)(ii) of the Pension Rules, irrespective of prior sanctions obtained.

ORDER :

Sheel Nagu, J.

CONTENT AND CONTEXT

Petitioners, three in number who have retired from the post of Deputy Director (in case of petitioner No. 1), Assistant Director (in case of petitioner No. 2) and Sericulture Inspector (in case of petitioner No. 3), have preferred this petition under Article 226 of the Constitution seeking quashment of common disciplinary proceedings commenced against them vide Annexure P/5 dated 21-5-2021 inter alia on the ground that the same are statutorily barred by Rule 9(2)(b)(ii) of Madhya Pradesh Civil Services (Pension) Rules, 1976 (“Pension Rules” for brevity).

2. Since a pure legal question is raised, this Court refrains from entering into the merits of the charges alleged and restricts judicial scrutiny to the applicability/non-applicability of the statutory bar contained in Rule 9(2)(b)(ii) of the Pension Rules.

FACTS

3. The foundational facts necessary for adjudicating the aforesaid legal question are as follows :

3.1 In the backdrop of aforesaid factual undisputed matrix, what has to be seen is whether the institution of common departmental proceedings by charge-sheet dated 29-6-2021, was within four years of the event which gave rise to the misconduct alleged in the charge-sheet.

4. Relevant Rule 9(2)(b) of the Pension Rules for ready reference and convenience is reproduced below :

“9. Right of Governor to withhold or withdraw pension. —

(1) xxx xxx xxx xxx

(2)(a) xxx xxx xxx xxx

(b) The departmental proceedings, if not instituted while the Government servant was in service whether before his retirement or during his re-employment :—

(i) shall not be instituted save with the sanction of the Governor;

(ii) shall not be in respect of any event which took place more than four years before such institution;

(iii) shall be conducted by such authority and in such place as the Government may direct and in accordance with the procedure applicable to departmental proceeding :—

(a) in which an order of dismissal from service could be made in relation to the Government servant during his service in case it is proposed to withhold or withdraw a pension or part thereof whether permanently or for a specified period; or

(b) in which an order of recovery from his pay of the whole or part of any pecuniary loss caused by him to the Government by negligence or breach of orders could be made in relation to the Government servant during his service if it is proposed to order recovery from his pension of the whole or part of any pecuniary loss caused to the Government.”

4.1 The statutory bar/restriction stipulated in Rule 9(2)(b) of the Pension Rules is primarily to protect a retired government servant from being harassed in the evening of his life. As such, the Rule Making Authority has thought it fit to impose a restriction upon the power of the competent authority to initiate disciplinary proceeding upon retired government servant. The Rule Making Authority in its discretion and wisdom found the period of four years counted from the date of the event giving rise to misconduct alleged in the charge-sheet, to be enough for the competent authority to issue charge-sheet against retired government servant thereby correspondingly protecting the retired government servant from undue harassment arising from delayed i