ORAL ORDER

(Pronounced by Hon'ble Mr. M. Swaminathan, Member(J))

In the instant OA, the applicant seeks the following relief: “....to call for the records of the Second Respondent relating to his Memo No. 2225/AWD/Estt/KKL/2018-19 dt.28.05.2019, quash the same and consequently direct the Respondents to pay all the retirement benefits, including regular pension, gratuity etc before a date that may be specified and also pass such further or other orders as may be deemed fit and proper in the circumstances of the case and thus render justice.”

2. Brief facts of the case as submitted by the applicant:

The applicant while working as a Peon, in the office of the 3^rd Respondent was sent to the Bank for encashment of a cheque for Rs.2,79,312/- without any additional guard. He lost Rs. 2,70,000/- kept in his Motor Cycle by theft in the vicinity of the Bank. He filed a complaint in the nearby Police Station and FIR was filed and reported the same to the 3^rd respondent. After investigation, the Police reported to the Criminal Court that the case was undetected and the criminal court closed the referred Charge Sheet on 29.04.2017. The applicant on attaining the age of superannuation was permitted on 02.05.2019 to retire from service from 31.05.2019. However, the 2^nd respondent, issued the charge memo dated 28.05.2019 and his retirement benefits were withheld. Hence the applicant has filed this present OA seeking the above relief.

3. After notice, the respondents have appeared through their counsel and filed a detailed reply statement.

4. The applicant has filed MA 310/00155/2022 seeking for a direction to the first respondent to file the order in ID. Note No. 30717/A2/2020-CWO dated 20.03.2020 of the confidential and Cabinet Department, Chief Vigilance Officer, Puducherry.

5. When the matter was taken up for hearing, the learned counsel for the respondents was directed to produce the ID Note dated 20.03.2020. The same has been produced before us which states as under:

“Reference is invited to the ID Note cited above (copy enclosed), therein, the Director, Adi-Dravidar Welfare Dept, requested the Superintending Engineer, Electricity Department, Puducherry to initiate disciplinary proceedings against Thiru S. Selvanathan, Superintendent, Electricity Dept for his negligence while officiating as Cashier at Adi- Dravidar Welfare Dept, Karaikal during 2014-15, which led to pecuniary loss of ₹2,70,000/- to the Government exchequer. It was reported that the following officials are responsible for the loss of Government money:- (i) Tmt. V. Vijaya, Assistant Director, then Deputy Director, Adi-Dravidar Welfare Department, Karaikal.

(ii) Thiru S. Selvanathan, Superintendent, then Assistant, Electricity Dept, Karaikal.

(iii) Thiru A. Selvam, MTS(General), AD Welfare Dept, Karaikal.

2. It is noted that the incident in question happened on 10.2.2015 and Thiru A. Selvam, MTS (General), retired from service on 31.5.2019 and departmental proceedings cannot be instituted against him now, as it has become a time barred as per Rule 9(2)(b)(ii) of CCS (Pension) Rules, 1972. Therefore, Tmt. V. Vijaya, then Deputy Director, and Thiru S. Selvanathan, then Cashier/ Assistant, AD Welfare Dept, Karaikal, are alone to be held responsible for the loss to the Government.

3. As ordered by Chief Secretary -cum- Chief Vigilance Officer, the Secretary to Govt. (Welfare) is requested to send draft charge sheet within three weeks, to this Office for initiating disciplinary proceedings against Tmt. V. Vijaya, Assistant Director, Adi-Dravidar Welfare Dept and Thiru S. Selvanathan, Superintendent. Also the steps taken by the Adi- Dravidar Welfare Department to write off the loss may be clarified.”

6. It is evident from the para no. 2 of the ID Note that since the incident happened on 10.02.2015 and the applicant has also retired from service on 31.05.2019, the department proceedings cannot be instituted against him now and it is also stated that it is time barred as per Rule 9(2)(b)(ii) o