SUKHDEV SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) In the present writ petition, the challenge is to the charge-sheet dated 29.03.2017 (Annexure P-3), served upon the petitioner vide letter dated 15.06.2017. The grievance of the petitioner is that he had already retired from service on attaining the age of superannuation on 28.02.2013 and, therefore, after the retirement, keeping in view the provisions of Rule 2.2(b) of Punjab Civil Services Rules, a charge-sheet can only be served upon a retired employee in respect of an incident, which is not more than four years old on the date of initiation of the departmental proceedings and in the charge-sheet dated 29.03.2017, the allegations relates to February, 2012, which are beyond a period of four years on the date of serving of the charge-sheet and hence the serving of the charge-sheet dated 29.03.2017, is beyond the jurisdiction of the respondents being impermissible as per the provisions of the Punjab Civil Services Rules.

(2.) The facts as stated in the writ petition are that petitioner was appointed as a Warder on 05.06.1983. In the year 2012, petitioner was promoted as Head Warder. On the night of 12.02.2012, under trials had escaped from Central Jail, Gurdaspur, where the petitioner was posted. No action was initiated against the petitioner in respect of the said incident. Thereafter, once again on the intervening night of 3/4.10.2012, another incident of jail break happened and the petitioner was held liable for the same and vide order dated 24.12.2012, petitioner was dismissed from service by invoking powers under Article 311 (2) (b) of the Constitution of India. No enquiry proceedings were undertaken by the respondents before the order dismissing the petitioner from service was passed.

(3.) Petitioner availed the remedy of an appeal against the order dated 24.12.2012, which appeal was also dismissed by the authorities on 27.11.2013. Petitioner approached this Court challenging the order dated 24.12.2012 by which he was dismissed from service as well as the order dated 27.11.2013 passed in appeal by the competent authority by filing CWP No. 26802 of 2013. The said writ petition was allowed by this Court on 12.12.2014 and the impugned order of punishment dismissing the petitioner from service was set-aside but liberty was granted to the respondents to pass a fresh order after following the due procedure of law as envisaged under the Rules.