State Of Punjab vs Parshotam Lal Puri
2024 Latest Caselaw 8118 P&H

Punjab-Haryana High Court

State Of Punjab vs Parshotam Lal Puri on 18 April, 2024

Author: Harsimran Singh Sethi

Bench: Harsimran Singh Sethi

                                    Neutral Citation No:=2024:PHHC:051688




RSA-1160-1999 (O&M)                                    2024:PHHC:051688
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        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH


(211)                                       RSA-1160-1999 (O&M)
                                            Date of Decision : 18.04.2024

State of Punjab
                                                                  ...Appellant

                                Versus
Parshotam Lal Puri
                                                                ...Respondent


CORAM:      HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI

Present:    Mr. Rohit Ahuja, Deputy Advocate General, Punjab
            for the appellant.

            ***

Harsimran Singh Sethi J. (Oral)

CM-2250-C-1999

Application is allowed, as prayed for.

RSA-1160-1999

1. In the present appeal, the challenge is to the judgments and

decrees of the courts below by which the suit filed by the respondent-

plaintiff was allowed and the proceedings, which were initiated against

him after the retirement, were held to be bad.

2. Learned counsel for the appellant submits that though, the

respondent-plaintiff retired on 31.10.1996 and charge-sheet was served

thereafter, but as he was already given a show cause notice prior to the

date of retirement and explanation was sought hence merely that the

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RSA-1160-1999 (O&M) 2024:PHHC:051688

charge-sheet was issued after retirement, will not invoke Section 2.2B of

the Punjab Civil Services Rules so as to get the sanction of the Governor

before issuing the charge-sheet.

3. Qua the said argument, it may be noticed that once, it is a

conceded position that the charge-sheet was served upon the respondent-

plaintiff after the retirement, the said charge-sheet can only be served

under the provisions of the Punjab Civil Services Rules. As per the

Punjab Civil Services Rules, Vol.-II, it is only Rule 2.2(b), which deals

with the issuance of a charge-sheet to a retired employee. Once, it is a

conceded position that on the date when the charge-sheet was issued, the

respondent-plaintiff had retired, the appellants were under obligation to

comply with the provisions of Rule 2.2B of the Punjab Civil Services

Rules and once, it has already come on record that the necessary sanction

required to initiate proceedings as envisaged under Rule 2.2(b) of the

Punjab Civil Services Rules was not taken before the issuance of the

charge-sheet to the respondent-plaintiff, issuance of charge-sheet has

rightly been held to be bad in law being contrary to the provisions of Rule

2.2B of the Punjab Civil Services Rules, hence, it cannot be said that the

judgments and decrees of the courts below are perverse.

4. No other argument is raised.

5. Keeping in view the above, no ground is made out for any

interference by this Court with the judgments and decrees of the courts

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below as no perversity has been pointed out by the learned counsel for the

appellant.

6. Dismissed.

April 18th, 2024                            (HARSIMRAN SINGH SETHI)
kanchan                                              JUDGE

             Whether speaking/reasoned : Yes/No
             Whether reportable              : Yes/No




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