B. PRASAD Vs. SECRETARY

JUDGEMENT

(1.) APPLICANT in this case has challenged the enquiry proceedings initiated against him on the ground that the same was done after the prescribed period of limitation of 4 years as prescribed under Rule 9(2)(b)(ii) read with Rule 9(6)(a) of the CCS (Pension) Rules, 1972. He has also submitted that he has already crossed 69 years of age and he is suffering from various illness and holding the enquiry proceedings against him at this stage will cause injustice and hardship to him.

(2.) THE brief background of the case: While working as Additional CIT, Range 36, Applicant retired from service on 31.12.2004 and he has been drawing pension w.e.f. 01.01.2005. However, the Respondents -Ministry of Finance, Department of Revenue, after obtaining approval of the President under sub -clause(i) of clause (b) of sub -rule (2) of Rule 9 of the CCS (Pension) Rules, 1972, vide its Order No. C -14011/20/2008 -V & L dated 11.07.2008, instituted an enquiry against him in terms of the procedure laid down in Rules 14 and 15 of CCS (CCA) Rules, 1965. Along with the said Memorandum, there was also a letter dated 11.07.2008 conveying the sanction of the President for instituting the departmental proceedings against him issued in exercise of sub -clause (i) of clause (b) of sub -rule (2) of Rule 9 of the Central Civil Service (Pension) Rules, 1972. The substance of imputation of misconduct or misbehavior in respect of which the enquiry was proposed to be held as set out in the Articles of Charges are as under: -

(3.) ON the date of initial hearing held in this OA on 25.03.2014, this Tribunal took the prima facie view that the enquiry proceedings initiated against the Applicant were not maintainable for the reasons stated by him in his aforesaid representation as well as in this OA. We have also considered the submission of the Applicant that no witnesses have been listed to prove the charges against him. Accordingly, notice was issued to the Respondents returnable on 04.04.2014 and directed the Respondents to stay the enquiry proceedings till the next date of hearing. The said stay is still continuing.