No Departmental Action Against Retired Employee For Event That Occurred Four Years Prior To Issuance Of Chargesheet: Punjab & Haryana HC
2 years ago

No Departmental Action Against Retired Employee For Event That Occurred Four Years Prior To Issuance Of Chargesheet: Punjab & Haryana HC

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The Punjab and Haryana High Court recently quashed the departmental proceedings initiated against a retired police inspector from Haryana in 2021 for an alleged misconduct which took place between 1986-88. A single bench of Justice Deepak Sibal referred to Rules 12.2 and 12 of the Haryana Civil Services Rules, 2016 and said, "After an employee has retired, there is complete embargo on initiation of departmental proceedings in respect of events which may have taken place more than four years prior to such initiation and that the date of initiation is deemed to be the date when a charge-sheet is issued to the concerned government employee, pensioner, or government employee." Thereafter, an order dated 05.10.2021 was passed and charge-sheet was filed, initiating departmental proceedings against him under Rule 12.2 of the Haryana Civil Services Rules, 2016 on the ground that between the years 1986-88, while he was posted as an Inspector at Karnal, he had also passed his LLB course from Rajasthan. The petitioner stated that as per Rule 12.2, departmental proceedings could not be issued for an event which took place more than four years before the initiation of such proceedings.

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