Departmental Proceedings cannot be initiated against employee after four years of retirement: Allahabad High Court

The Allahabad High Court recently held that the department proceedings cannot be initiated against an employee four years after his retirement from service [Surendra Kumar Tyagi v. State of Uttar Pradesh Through Additional Chief Secretary Public Work and Others]..Single-Judge Justice Dinesh Kumar Singh was of the view that though the proceedings against the petitioner were initiated after sanction from the Governor of Uttar Pradesh, the chargesheet was filed after four years of his retirement. The Court noted that the same is against the Regulation 351-A of Civil Services Regulations as applicable in Uttar Pradesh, which provides that the Governor can grant sanction for initiation of departmental proceedings only for the event which took place not more than four years before the institution of such proceedings..The Court was hearing a petition moved by a retired employee challenging the November 18, 2021 order of the Uttar Pradesh Secretary, Public Works Department, which had directed deduction of 5 percent of the pension of the petitioner for a period of five years after conclusion of the departmental proceedings against him..The petitioner had retired on December 31, 2011 from the post of Chief Engineer in the Public Works Department. Prior to this, he was posted in the Uttar Pradesh Rajkiya Nirman Nigam Limited from the year 2006 to 2011.In January 2016, the petitioner was served with a chargesheet wherein it was alleged that during his posting in the Rajkiya Nirman Nigam Limited from the year 2006 to 2011, the petitioner had committed several irregularities and, therefore, huge loss was caused to the government exchequer.By an order of November 18, 2021, the secretary of the department directed that after the conclusion of departmental proceedings against the petitioner, 5 percent shall be deducted from his pension.Aggrieved, the petitioner moved the present petition before the High Court..The Court noted that Regulation 351A of the Civil Services Regulations as applicable in Uttar Pradesh, prohibits initiation of the departmental proceedings against an employee after more than four years from the date of his retirement.In this regard, the Court observed,"The departmental proceedings against the petitioner were initiated after sanction was granted by His Excellency the Governor of Uttar Pradesh, but it is not in dispute that the charge sheet has been issued to the petitioner after more than four years from the date when he demitted the office. It is specifically provided the the Governor would grant the sanction in respect of the departmental proceedings of an event, which took place not more than four years before the institution of such proceedings. Even if it is believed that the irregularities continued till the petitioner demitted office i.e on 31.12.2011, but the charge sheet was issued to him only on 27.1.2016/28.1.2016, which is beyond four years time period as prescribed under Regulation 351-A of Civil Service Regulations."Accordingly, the Court was of the view that there is no point of initiating departmental proceedings against the petitioner after four years of his retirement.It, therefore, allowed the plea of the petitioner and has set aside the November 18, 2021 order passed by the secretary of the department..Advocates Pradeep Kumar Rai, Prakarsh Pandey and Praveen Kumar Shukla appeared for the petitioner..[Read Judgment]