BALJEET SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner has invoked the jurisdiction of this Court by filing the present petition under Article 226 of the Constitution of India, seeking a writ of certiorari for quashing the charge-sheet dtd. 30/11/2023 (Annexure P-12) on the ground that the same cannot be issued after his retirement.

(2.) Brief facts of the case, as have been pleaded in the petition, are that the petitioner joined the erstwhile Punjab State Electricity Board (PSEB) now Punjab State Power Corporation Limited (PSPCL) as Lineman on 11/8/1987 and was further promoted to the post of Junior Engineer on 28/2/1996. The Punjab State Electricity Board was formed in the year 1959 under the Electricity Supply Act, 1948, which was unbundled into two companies under Punjab Power Sector Reforms Transfer Scheme, 2010 into Punjab State Power Corporation Limited and Punjab State Power Transmission Limited, vide Notification dtd. 16/4/2010 (Annexure P-1)and in terms of the said Transfer Scheme, all the rights, liabilities, assets including the personnel of the erstwhile PSEB, were transferred to respondent - Corporation, in terms of Clause 6(5) thereof. Further in terms of Clause 6(6) of the Scheme, the respondent - Corporation was enabled to frame regulations governing the service conditions of the personnel which stood transferred under the scheme and till such time the existing service rules/regulations of the erstwhile board shall apply. To put in perspective, in terms of Clause 6(6) of the Transfer Scheme, the respondent - Corporation is only competent to frame regulations governing conditions of personnel.

(3.) After serving for about 17 years as Junior Engineer, the petitioner was further promoted to the post of Additional Assistant Engineer on 24/12/2012 and as Assistant Engineer/S.D.O. on 31/5/2019. It has further been averred that on 11/12/2019 (Annexure P4), vide Finance Circular No.22 of 2019, the Board of Directors in its 78th Meeting held on 27/11/2019 (Annexure P-5) granted approval to adopt the Punjab Civil Services, Volume II Part I (Pension Rules) and vide Memo dtd. 26/7/2021 (Annexure P/6), it was further resolved that the competent authority will be the BOD s in place of government for applicability of Rule 2.2(b) of Punjab Civil Services Rules, Volume II for sanction of departmental proceedings in Punjab State Power Corporation Limited in case an officer/official has retired before institution of such proceedings. However, all other provisions contained in the Rule will be applicable and to avoid unnecessary delay Chief Managing Director, PSPCL, is authorized to sanction the departmental proceedings against the individual retiree(s) and further in joint proceeding cases recommended after preliminary investigation in which retired along with serving officers/officials are involved the sanction of CMD, PSPCL should be obtained subject to ratification of BOD s being competent authority under the Rule.