UNION OF INDIA Vs. RAM KARAN SHARMA

JUDGEMENT

(1.) The short point involved in this matter is as to whether the initiation of enquiry just a day before the retirement of the respondent on the charges framed against him as per the charge memorandum dated 30.01.2006 could be sustained by the petitioners and is justified under Rule 14 of the Central Civil Services (Classification, Control and Appeals) Rules 1965.

(2.) The charges leveled against the petitioner are reproduced for the sake of reference: Statement of Articles of Charge framed against Shri Ram Karan Sharma, Deputy Director (Horticulture) Shri Ram Karan Sharma, Deputy Director (H) while working as Deputy Director (H), Horticulture Division-V during the period 31.01.2001 to 01.05.2001 committed the following lapses: Article-I

(3.) It has been submitted by the counsel for the petitioner that the aforesaid charge-sheet was issued to the respondent as by the impugned action the respondent caused financial loss to the petitioners and, therefore, the petitioner was entitled to hold a departmental enquiry even at the verge of retirement of the respondent as per the provisions contained under CCS (CCA) Rules 1965 in accordance with Rule 9(5)(b)(ii) of the CCS Pension Rules 1972. The petitioner has prayed for quashing of the order dated 07.12.2006 in OA No. 370/2006 which was preferred by the respondents against the impugned action of the petitioners.