R C GOEL Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) Petitioner was appointed as Junior Engineer in the Respondent-department in 1958. He was promoted on ad hoc basis as Assistant Engineer in 1979. He was promoted on regular basis as Assistant Engineer vide office order dated 16th March, 1995. Thereafter, he was promoted to the post of Executive Engineer on 17.1.1996. Petitioner had to superannuate on 31st October, 1998 and on the same day, he was served with memorandum dated 30th October, 1998 under Article 14 of the Central Civil Services (Classification, Control and Appeal) Rules, 1965.

(2.) Ms. Ranjana Parmar, Learned Counsel for the Petitioner has strenuously argued that the initiation of disciplinary proceedings against her client on the date of retirement, i.e. 31st October, 1998 is wrong, illegal and arbitrary, thus violative of Articles 14 and 16 of the Constitution of India. She then contended that the incidents of Article No. 1 pertain to the period 411.1980 and 24.10.1980 and so far as Article No. 2 is concerned, the incident pertains to the period 8th June, 1986 to 22nd August, 1989. She finally contended that there is delay in initiation of departmental proceedings against the Petitioner of more than 18 years and 9 years, respectively.

(3.) Mr. P.M. Negi, learned Deputy Advocate General has strenuously argued that the Petitioner himself was responsible for the delay and according to him, the petition is premature.