RAJINDER KUMAR Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner through instant petition under Articles 226/227 of the Constitution of India is seeking setting aside of charge sheet dated NIL (Annexure P-1) whereby respondent has initiated departmental proceedings against him.

(2.) Learned counsel for the petitioner INTER ALIA contends that petitioner retired on 30/4/2022 and respondent issued charge sheet in May' 2024 which was followed by communication dtd. 29/11/2024 whereby Inquiry Officer has been appointed. He has been issued charge sheet with respect to incident which took place during 2017-2018. As per Rule 2.2 (b) of Punjab Civil Services Rule (Volume-II), proceedings cannot be instituted against a retired officer with respect to event which took place more than 4 years before the institution of such proceedings. The petitioner is a retired officer and respondent has initiated proceedings with respect to an event which took place 4 years prior to issuance of charge sheet.

(3.) Learned State counsel expressed his inability to controvert applicability of judgment of this Court in Inspector Surjit Singh V/s State of Punjab and others, LawFinder Doc Id # 2539875 (Annexure A-1) and Paramjit Kaur V/s State of Punjab and others, LawFinder Doc Id # 2514546 (Annexure A-2) to the instant case.