Punjab-Haryana High Court
Kamiker Singh Deol vs State Of Punjab And Another on 21 March, 2024
Author: Vikas Bahl
Bench: Vikas Bahl
Neutral Citation No:=2024:PHHC:041303
CWP-22054-2023 and -1- 2024:PHHC:041303
other connected cases
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
(259)
1. CWP-22054-2023
Kamiker Singh Deol ....Petitioner
Versus
The State of Punjab and another .....Respondents
2. CWP-21364-2023
Gurpal Singh ....Petitioner
Versus
The State of Punjab and others .....Respondents
3. CWP-22773-2023
Popinder Kalia ....Petitioner
Versus
The State of Punjab and another .....Respondents
4. CWP-23092-2023
Vinod Chaudhary ....Petitioner
Versus
The State of Punjab and others .....Respondents
5. CWP-23869-2023
Baljit Singh ....Petitioner
Versus
The State of Punjab and another .....Respondents
Date of Decision: - 21.03.2024
CORAM : HON'BLE MR. JUSTICE VIKAS BAHL
Present:- Mr. Jatinder Pal Singh, Advocate
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for the petitioner(s) in CWP-22054-2023 and
CWP-22773-2023.
Mr. Ankit Midha, Advocate, for the petitioner(s)
in CWP-21364-2023; CWP-23092-2023 and
CWP-23869-2023.
Ms. Neha Sonawane, DAG, Punjab.
Mr. TPS Walia, AAG, Punjab.
****
VIKAS BAHL, J. (ORAL)
1. This order will dispose of the above-said five writ petitions
as common questions of facts and issues of law arise in the said writ
petitions.
2. Reply by way of affidavit filed on behalf of respondents
No.1 and 2 in CWP-22054-2023 today in the Court, is taken on record.
A copy thereof has been supplied to learned counsel for the petitioner.
3. Primary prayer in the said five writ petitions is for setting
aside the inquiry proceedings and the charge-sheets issued by respondent
No.1 on the ground of the same being barred under Rule 2.2(b) of the
Punjab Civil Services Rules, Volume-II (hereinafter referred as "the
Rules"), inasmuch as, the same have been issued after retirement of the
petitioners, for an event which had taken place more than four years prior
to the initiation of the disciplinary proceedings i.e. issuance of charge-
sheet.
4. The undisputed facts in the present writ petitions are that the
petitioners in all the writ petitions had retired prior to the issuance of the
charge-sheets and the alleged incidents as stated in the charge-sheets had
occurred more than four years prior to the date on which the charge-
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sheets had been issued. The said facts stand further fortified from the
chart given herein below, the dates mentioned in which have not been
disputed.
Case No. Date of Designation Date of Post During Date of retirement Date of Difference b/w
appointment of Joining occurrence time of charge- date of
Incident sheet/enquiry occurrence and
charge-sheet
CWP-22054-2023 18.02.1980 Jr Engineer 04.03.2014 SDO 28.02.2017 04.08.2023 9 years 5
(includes 2 years months
extension)
CWP-21364-2023 15.02.1982 Jr Engineer 11.08.2016 to XEN 31.03.2018 14.08.2023 & 6 years 7
31.12.2016 04.09.2023 months
CWP-22773-2023 28.02.1980 Jr Engineer 19.08.2013 XEN 31.08.2019 11.01.2023 9 years 5
(includes 2 years months
extension)
CWP-23092-2023 04.07.1983, SDO, 22.02.2013 Chief Engineer 30.11.2018 01.09.2023 10 years 6
04.01.1991, XEN, (Drainage) months
June 2001, SE,
08.10.2008 Chief
Engineer
CWP-23869-2023 18.08.1983 Clerk 26.05.2017 Superintendent 30.09.2020 01.09.2023 & 6 years 3
(Grade I) (includes 8 months 05.10.2023 months
extension)
5. Rule 2.2(b) of the Rules, which is admittedly applicable in
the present cases, is reproduced herein below: -
"Rule 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 recovery from a pension of the whole or part of any
pecuniary loss caused to Government, if, in a departmental or judicial
proceedings, the pensioner is found guilty of grave misconduct or
negligence during the period of his service, including service
rendered upon reemployment after retirement.
Provided that─
(1) Such departmental proceedings, if instituted while the
officer was in service, whether before his retirement or during his re-
employment, shall after the final retirement of the officer, be deemed
to be a proceeding under this Article and shall be continued and
concluded by the authority by which it was commenced in the same
manner as if the officer had continued in service,
(2) such departmental proceedings, if not instituted while the
officer was in service either before his retirement or during his re-
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employment─
(i) shall not be instituted save with the sanction of the
Government;
(ii) shall not be in respect of any event which took place more
than four years before such institution and
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 proceedings in which an order of
dismissal from service could be made in relation to the officer during
his service;
(3) No such judicial proceedings, if not instituted while the
officer was in service, whether before his retirement or during his
reemployment, shall be instituted in respect of a cause of action which
arose or an event which took place more than four years before such
institution and The Public Service Commission should be consulted
before final orders are passed.
Explanation.─ For the purpose of this rule:-
(a) a departmental proceedings shall be deemed to be
instituted on the date on which the statement of charges is issued to
the officer or pensioner, or if the officer has been placed under
suspension from an earlier date, on such date; and
(b) a judicial proceeding shall be deemed to be instituted─
(i) in the case of a criminal proceeding, on the date on which
the complaint or report of the police officer on which the Magistrate
takes cognizance, is made and
(ii) in the case of civil proceeding, on the date of presentation
of the plaint in the Court."
6. A perusal of the above rule would show that the government
has reserved the right of withholding or withdrawing a pension or any
part of it either permanently or for a specified period and also the right of
ordering the recovery from a pension of the whole or part of any
pecuniary loss caused to government in case in a departmental or judicial
proceeding, the pensioner is found guilty of grave mis-conduct or
negligence during the period of his service. The said right is as per
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proviso (2), subject to the fact that in case the said departmental
proceedings are not instituted while the officer was in service whether
before his retirement or during his re-employment, then, the same shall
not be in respect of any event which took place more than four years
before such institution. A further perusal of the explanation (a) to the
Rule would show that a departmental proceeding shall be deemed to be
instituted on the date on which the statement of charges is issued to the
officer or pensioner.
7. In the present cases, admittedly, there were no judicial
proceedings against any of the petitioners, nor the petitioners were
suspended and the impugned action had been initiated subsequent to their
retirements. From the above-said undisputed facts (which have been
shown in the chart), it is also apparent that the events/occurrences had
taken place more than four years prior to the issuance of the charge-sheet,
which is the relevant date and thus, in view of the proviso (2) of Rule 2.2
(b) of the Rules, the departmental proceedings initiated against all the
petitioners deserve to be quashed/set aside.
8. The Hon'ble Supreme Court in the case titled as "Punjab
State Power Corporation Ltd. Patiala and others Vs. Atma Singh
Grewal, reported as 2014(13) SCC 666 had upheld the order of the
learned Single Bench as well as of the Division Bench, whereby the
charge-sheet was quashed by applying Rule 2.2(b) of the Rules in a case
where the allegations pertained to the period from 15.05.2002 to
03.12.2002 and the charges were framed beyond the period of four years
from December, 2002 and after the retirement of the employee. The
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relevant portion of the said judgment is reproduced herein below: -
"1. Petitioner No. 1 is the Punjab State Electricity Board
(PSEB); Petitioner No. 2 is the Chief Engineer, HRD-cum-Inquiry
Officer and Petitioner No. 3 is the Senior Executive Engineer working
in PSEB. Respondent was the employee of PSEB who retired from
service, with effect from 30.4.2004. He had given the notice on
27.2.2004 for voluntary retirement which was accepted. As a result,
the respondent stood voluntary retired from 30.4.2004. However,
almost 4 years after his retirement i.e. on 7.1.2008, the respondent
was served with the charge sheet levelling certain allegations
against him, allegedly committed between 15.5.2002 to 3.12.2002.
These charges which were for the period May 2002 to December
2002 were obviously of a period much earlier than 4 years before
the serving of the charge sheet dated 7.1.2008 and much after his
retirement when he had ceased to be the employee of PSEB.
2. The Respondent filed the Writ Petition in the High
Court seeking quashing of the said charge sheet on the ground that
it was barred in view of Rule 2.2.(B) of the Punjab Civil Service
Rules 2 reserves right with the Government to withhold or withdraw a
pension or a part of it under certain circumstances viz. when in
judicial proceedings or departmental proceedings, such an employee
is found to have committed grave misconduct or negligence. It also
provides for recovery of peculiar loss, if caused. However, second
proviso to the aforesaid provision stipulates the time limit within
which the departmental inquiry can be instituted, in respect of an ex-
employee if it was not stated while such a Government officer was in
service. The precise language of second proviso is as follows:-
"Such departmental proceedings, if not instituted
while the officer was in service whether before his
retirement or during his re-employment:-
(i) shall not be instituted save with the sanction of
the Government;
(ii) shall not be in respect of any event which took
place more than four years before such institution; and if
he has retired, the event should not be more than 4 years
old.
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
proceedings in which an order of dismissal from service
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could be made in relation to the officer during his service.
3. In the present case since the changes were of the year
2002 and charge sheet served in the year 2008, it was manifest that
the alleged event took place much more than 4 years before the
serving of charge sheet and after his retirement. In this ground the
learned Single Judge quashed the said chargesheet dated 7.1.2008.
The petitioners chose to file appeal before the Division Bench which
has also been dismissed by the Division Bench vide impugned
judgment dated 20.8.2009.
4. After hearing the Counsel for the parties we are of the
opinion that in view of aforesaid admitted facts, second proviso of
Rule 2 states at the face of the petitioner and no fault can be found
in the judgment of the High Court."
9. The Co-ordinate Bench of this Court in case titled as "Raj
Pal Vs. State of Haryana and others, reported as 2023(1) Law Herald
62, had observed that the date of initiation of such departmental
proceedings is deemed to be the date when a charge-sheet is issued to the
concerned government employee/pensioner/government employee and there
was a complete embargo on the initiation of departmental proceedings in
respect of events which had taken place more than four years prior to the
said initiation of departmental proceedings i.e. issuance of charge-sheet. It
was observed that the object behind the Rules seems to be that a retired
employee, after the statutory period of four years, should be left to live in
peace in the twilight zone of his life as also for the reason that it is not
easy for a retiree to have access to the relevant record or his colleagues,
who may have also retired and settled elsewhere, making it difficult for
him to effectively defend himself. Relevant Para Nos.8, 11 and 12 of the
said judgment are reproduced herein below:
"8. A harmonious reading of Rules 12.2(b) and 12(5)(a)
leads to only one irresistible conclusion that after an employee has
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retired from service there is a complete embargo on the initiation of
departmental proceedings against him in respect of event(s) which
may have taken place more than four years prior to the initiation of
the departmental proceedings and that the date of initiation of such
departmental proceedings is deemed to be the date when a charge-
sheet is issued to the concerned government
employee/pensioner/government employee placed under suspension.
The apparent object behind these Rules seems to be that a retired
employee, after the statutory period of four years, should be left to
live in peace in the twilight zone of his life. The alleged misconduct
on his part should be allowed to settle with the efflux of time. The
rationale also appears to be based on the phrase 'let bygones be
bygones' for retirees and because memory fades with age as also for
the reason that it is not easy for a retiree to have access to the
relevant record or his colleagues, who may have also retired and
settled elsewhere, making it difficult for him to effectively defend
himself.
xxx xxx xxx xxx xxx
11. To the same effect is the judgment of a Division Bench
of this Court in Baldhir Singh's case (supra) wherein it was held as
follows: -
"6. A bare perusal of the aforementioned Rule makes it
clear that Rule 2.2(b) (ii) places a complete embargo on holding
of an enquiry against a retired employee for any event which
has happened four years prior to the institution of enquiry. In
other words, in case a departmental proceeding is to be initiated
against an employee after his retirement, it cannot be in respect
of an event, which has taken place more than four years prior to
the date of the institution of inquiry. The rationale behind the rule
appears to be that a retiree should not be subjected to undue
hardship in the evening of his life after having rendered
satisfactory service to the State. If old matters which have been
settled by afflux of time are permitted to be re-opened after expiry
of period of four years then a retiree may not be in a position to
defend himself because the evidence in his favour may not be
available. The co-employee after retirement might have settled at
far flung places and memory may not serve such witnesses and
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the retiree. The 'Sword of Damocles' in the shape of
departmental inquiry cannot be kept hanging on the head of the
retiree for all times to come and he should be allowed to live in
peace after the statutory period of four years of his retirement
has come to an end. Moreover, the learned State counsel has not
been successfully able to controvert the argument and judgments
(supra) relied upon by the learned counsel for the petitioner."
12. Similarly, another Division Bench of this Court in Sub
Inspector Puran Chand's case (supra), while considering a similar
issue, held as follows:-
"7. Pointed attention of this Court has been drawn to
clause (2) of the aforesaid rule 2.2(b). A careful perusal of the
same would show that in case a departmental proceeding is to be
initiated against an employee after his retirement, it cannot be in
respect of an event which took place more than four years from
the date when the proceeding is initiated. It is clear that the
charge sheet was issued to the petitioner in the instant case on
24.11.1998, whereas the incident in question in respect to which he
has been proceeded against relates to the year 1988 i.e. one
decade prior to the issuance of the charge sheet. It is obvious that
issuance of the aforesaid charge sheet is wholly unacceptable in
law, as the same is clearly barred by the provision of clause (2) of
rule 2.2(b) extracted above."
10. Learned State counsel has opposed all the writ petitions on
the ground that on account of the lapse/negligence of the petitioners, loss
has been caused to the State and since the said loss has not been
recovered till date, it is a continuing offence and the relevant event/period
to be considered, should be taken as continuing till date.
11. This Court has considered the argument of learned State
counsel and is of the opinion that the same is misconceived and deserves
to be rejected.
12. It would be relevant to note that once in the charge-sheet, a
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specific period/date has been mentioned when the alleged illegality has
been committed by the petitioners, then, the said event/occurrence cannot
be stretched beyond the period which has been specifically mentioned in
the charge-sheet. In case the argument of learned State counsel to the
effect that the loss has not been recovered till date and thus, the
event/period should be extended are accepted, then, proviso (2) of Rule
2.2(b) of the Rules would be rendered otiose, inasmuch as, in a large
number of cases the alleged loss caused on account of the alleged
misconduct by the employee would neither have been determined, much-
less recovered. Moreover, no law has been cited by the learned State
counsel in respect of the said argument. In the judgment of the Hon'ble
Supreme Court in the case of Punjab State (supra), the period which was
considered for applying the bar in view of the Rule 2.2(b) of the Rules
was the period between 15.05.2002 and 31.12.2002 which was the period
regarding which allegations had been made in the charge-sheet. The
impugned action of the respondent authorities is clearly barred by proviso
(2) of the Rule 2.2(b) of the Rules and accordingly, all the writ petitions
are allowed and the impugned orders including the impugned charge-
sheets and all subsequent proceedings arising therefrom, against the
petitioners are quashed.
( VIKAS BAHL )
March 21, 2024 JUDGE
naresh.k
Whether reasoned/speaking? Yes
Whether reportable? No
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