LAKHAN SINGH RAJPUT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed challenging the charge-sheet on the ground that it has been issued in respect of the allegations, which were committed prior to four years of his superannuation and, therefore, in view of Rule 9 of M.P. Civil Services (Pension) Rules, 1976 (hereinafter referred to as "Rules of 1976") the charge-sheet is bad.

(2.) It is submitted by the counsel for the petitioner that the charge-sheet has been issued to the petitioner on the allegation that certain financial irregularities were committed by the petitioner starting from 26/4/2012 to 16/9/2016, whereas the petitioner has retired from services on 31/10/2016. Since the charge-sheet also includes the allegation of financial irregularities for the period 26/4/2012 and 19/6/2012, therefore, the entire charge-sheet is bad, as the same has been issued on 28/7/2018 and the allegations pertaining to the year 2012 are beyond the statutory period of four years prior to institution of D.E.

(3.) I have perused the charge-sheet, which has been issued against the petitioner.