INAMUL HAQUE Vs. STATE OF U P

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner and the learned standing counsel appearing for the State. The petitioner has filed the present writ petition for the quashing of the order dated 17.11.2008, passed by the Collector, Allahabad recommending deduction of 50% of his pension for a period of 5 years for causing loss to the State Exchequer for an incident which had taken place on 31.5.1996. The facts leading to the filing of this writ petition is, that on the basis of an incident dated 31.5.2001, a disciplinary proceeding was initiated against the petitioner. A charge sheet was issued on 1.12.2001 and a supplementary charge sheet was issued on 3.3.2003. The petitioner contested the charges levelled against the petitioner. The inquiry officer submitted his report. In the meanwhile, before any order could be passed on the basis of the inquiry report, the petitioner retired in the year 2007. The Collector, by the impugned order dated 17.11.2008, recommended a deduction of 50% of his pension for a period of 5 years. The State Government considered the matter and issued an order dated 31.1.2010 directing stoppage of 10% of the pension for a period of 5 years instead of 50%. The petitioner, being aggrieved, by the aforesaid orders, has filed the present writ petition.

(2.) The only contention raised by the learned counsel for the petitioner is, that under Regulation 351-A of the Civil Service Regulations, no proceeding could be initiated against the petitioner after the expiry of four years from the date of the incident. The petitioner contends, that the incident occurred on 31.5.1996 and a charge sheet was served on 30.7.2001, after the expiry of four years, and consequently, under Regulation 351-A, these proceedings were barred and therefore, the entire order was without jurisdiction and was liable to be quashed. In support of his submission the learned counsel has placed reliance upon a decision of a Division Bench of this Court in Ram Rakhan Singh vs. State of U.P. and others, 2008(2)ESC 821 (All.)(DB).

(3.) For facility Regulation 351-A of the Civil Service Regulations is extracted hereunder: