Post-retirement, departmental proceedings under Rule 14 CCS (CCA) Rules treated as under Rule 9 CCS (Pension) Rules after VRS finality.

By Hon’ble Ms. Manju Pandey, Member (A):-

Learned counsel for both the parties are present and heard.

2. The present O.A. No. 197 of 2017 is being decided along with O.A. No. 944 of 2014, as both matters relate to the same applicant and arise out of a common set of facts concerning voluntary retirement and subsequent disciplinary proceedings. It is also noted that Contempt Petition No. 13 of 2015 in O.A. No. 762 of 2014, arising from the same facts, is pending and is listed for hearing on 06.04.2026. Since the issues involved in the present O.As. are ripe for adjudication, they were heard together and are being decided by this common order.

3. In O.A. No. 944 of 2014, the applicant has sought quashing of the charge sheet dated 10.10.2013 issued by Respondent No. 2 (Annexure A-1 to the Original Application). The applicant has further prayed that the respondents be directed not to initiate any disciplinary proceedings pursuant to the said charge sheet on the ground that he had already retired from service on 30.09.2013. He has also sought a direction to Respondent No. 2 to drop the departmental proceedings initiated against him pursuant to the said charge sheet, along with any other relief deemed fit and proper by this Tribunal, and costs of the application.

4. In O.A. No. 197 of 2017, the applicant has sought quashing of the charge sheet dated 29.06.2015 issued by Respondent No. 2 and the order dated 27.07.2016 passed by Respondent No. 3 (Annexure A-1 and A-2 to the Original Application). The applicant has further prayed that the respondents be directed not to initiate any disciplinary proceedings pursuant to the said charge sheet on the ground that he had already retired from service on 30.09.2013. He has also sought a direction to Respondent No. 2 to drop the departmental proceedings initiated pursuant to the said charge sheet, along with any other appropriate relief and costs.

5. The brief facts of the case, as set out in the Original Application and connected matters, are that the applicant was initially inducted into the Postal Department on 13.01.1981 and, on account of his satisfactory service, earned promotions from time to time and was ultimately posted as Superintendent of Post Offices, Basti. On account of his deteriorating health condition, the applicant decided to seek voluntary retirement under Rule 48 of the CCS (Pension) Rules, 1972, and accordingly submitted a notice dated 26.06.2013 through proper channel, seeking voluntary retirement with effect from 30.09.2013. The said notice was forwarded by the competent authority on 04.07.2013 for further processing. During this period, correspondence was also undertaken in respect of vigilance clearance of the applicant. During the subsistence of the notice period, the applicant was transferred vide order dated 31.07.2013 from the post of Superintendent of Post Offices, Basti to the office of Assistant Director Postal Services (ADPS), Regional Office, Gorakhpur, and was relieved on the same day after handing over charge. Thereafter, the applicant remained on leave up to 30.09.2013. It is the specific case of the applicant that neither his leave was ever disputed nor was any communication served upon him regarding acceptance or rejection of his notice of voluntary retirement prior to the intended date. Upon completion of the notice period, the applicant submitted an informal charge report treating himself to have voluntarily retired with effect from 30.09.2013 under FR 56 and Rule 48 of the CCS (Pension) Rules. Thereafter, the applicant submitted representations dated 05.10.2013, 21.10.2013, and 07.11.2013 requesting ac