H.S. MADAN Vs. INDIAN TRADE PROMOTION ORGANISATION

JUDGEMENT

(1.) This writ petition is directed against the order dated 23.07.2012 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, in TA No. 14/2012.

(2.) As pointed out in an order dated 13.08.2012 the only question which arises for consideration is whether the charge sheet served upon the petitioner was done prior to his retirement or not? According to the learned counsel for the petitioner, he had retired in the "afternoon" of 31.03.2005 and that the charge sheet which was served upon him at 8.40 p.m on that date was after he had retired. According to the learned counsel for the petitioner, the word "afternoon" refers to the period between 12 noon and evening and does not, in any event, extend beyond the office hours, that is, 5 p.m. It was thus contended by the learned counsel for the petitioner that the charge sheet had been served upon the petitioner after he had retired and therefore the same was illegal and was liable to be quashed. All proceedings pursuant thereto were, according to the learned counsel for the petitioner, also liable to be quashed.

(3.) On the other hand, the learned counsel for the respondent submitted that the word "afternoon" meant the entire period between 12 noon till midnight. As such, the petitioner had not retired till midnight on 31.03.2005 and since the charge sheet was served upon the petitioner at 8.40 p.m. on 31.03.2005, it had been served when the petitioner had not retired, that is, when he was still in service. Consequently, it was submitted, the charge sheet and the entire departmental proceedings thereafter were valid and legal.