IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

253 CWP-6550-2025 Date of Decision: 28.04.2026 Kulwant Singh (since deceased) through his legal heirs .....Petitioners VERSUS State of Punjab and others ...Respondents CORAM: HON'BLE MR. JUSTICE HARPREET SINGH BRAR Present : Mr. Arjun Ram Singh Dhaliwal, Advocate for the petitioner.

Mr. Amit Shukla, DAG Punjab-State.

Mr. Gagneshwar Walia, Advocate for respondents No.2 and 5.

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HARPREET SINGH BRAR, J. (Oral)

1. The present writ petition has been filed under Article 226/227 of the Constitution of India with a prayer for issuance of an appropriate writ or order in the nature of certiorari for quashing the charge sheet dated 28.11.2024 (Annexure P-8) issued by the respondent-Department as the said charge sheet has been issued in an illegal and arbitrary manner, after the retirement of the petitioner in contravention of Rule 2.2(b) of the Punjab Civil Services Rules Volume II. Further praying for issuance of a writ in the nature of mandamus directing the respondents to release the entirety of the retiral benefits including pension, gratuity, leave encashment, PF etc along with 12% interest on account of delay. Further directing the respondents to release the provisional pension owned to petitioner during the pendency of the present writ petition in accordance with the provisions of Punjab Civil Services Rules Volume II Rule 2.2(b) and 2.2(c).

2. Learned counsel for the petitioner, inter alia, contends that the petitioner initially joined the services of the respondent on 01.12.1992 and, after rendering long and unblemished service, ultimately superannuated on 30.06.2024 while holding the post of Lineman. It is vehemently urged that a charge-sheet dated 28.11.2024 (Annexure P-8) came to be issued to the petitioner subsequent to his retirement, in respect of an alleged misconduct which is stated to have occurred in the year 2015, i.e., much beyond a period of four years from the date of issuance of the charge-sheet. Learned counsel submits that such initiation of disciplinary proceedings is ex facie illegal, arbitrary and unsustainable in the eyes of law, being in direct contravention of Rule 2.2(b) of the Punjab Civil Services Rules, Volume II, which unequivocally proscribes the institution of departmental proceedings after retirement in respect of events which took place more than four years prior thereto. It is further submitted that during the pendency of the present writ petition, the petitioner unfortunately expired on 12.06.2025, thereby rendering the impugned proceedings all the more untenable and liable to be set aside.

3. Per contra, learned counsel for respondents No.1 and 2, is unable to dispute or controvert the factual matrix that the petitioner had retired from service on 30.06.2024 and that the impugned charge-sheet dated 28.11.2024 pertains to an alleged misconduct of the year 2015. In view of the admitted position, it remains indisputable that the initiation of disciplinary proceedings has been undertaken after the retirement of the petitioner and in respect of an incident which is clearly beyond the statutorily prescribed period of four years, as envisaged under Rule 2.2(b) of the Punjab Civil Services Rules, Volume II.

4. Having heard the learned counsel for the parties and after perusing the record with their able assistance, it transpires that the after the retirement of the petitioner (now deceased) upon attaining the age of superannuation on 30.06.2024, the petitioner was charge sheeted on 28.11.2024 for an alleged incident that took place in the year 2015. This Court finds it appropriate to study the relevant provision of the Rule 2.2 (b), Note 2, Clause (b) proviso (i) and (ii) of the Punjab Civil Services Rule, Volume II, which is reproduced for ready reference.

“2.2 (b) The Government further reserve to themselves the right of withholding or withdrawing a pension or any part of it, whether permanently or for a specified period and the right of ordering the r