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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH 202
CWP-13770-2006
Date of decision: 22.04.2025
DEVINDER SINGH
......Petitioner
VERSUS
PUNJAB AND SIND BANK AND OTHERS
.......Respondents
CORAM : HON'BLE MR. JUSTICE VINOD S. BHARDWAJ
*****
Present: - Mr. G.S. Bajwa, Advocate
for the petitioner.
(Through Video Conferencing).
Mr. R. Kartikey, Advocate
for the respondents
***** VINOD S. BHARDWAJ, J. (Oral)
Challenge in the present writ petition is to the charge sheet dated 4.6.2005 which has been served upon the petitioner after retirement and in relation to an incident of the year 1998.
2.
Learned Counsel appearing on behalf of the petitioner contends that the initiation of the departmental proceedings to the charge sheet are unsustainable since it is in violation of the settled position that departmental proceedings cannot be initiated against a retired employee for an incident which took place more than 04 years prior to the date of the superannuation. It is argued that a specific embargo in this regard has been provided under Regulation 48 of the Punjab & Sind Bank (Employees) Pensions & VISHAL SHARMA 2025.04.23 16:48 I attest to the accuracy and integrity of this document
CWP-13770-2006
-2-
Regulations, 1995 and the said provision is pari materia to the civil services, Volume-III, Rule 2.2 which has been enumerated in numerous judgments by this Court as regards the scope of the its application. It is thus contended that the charge sheet which pertains to the year 1998 has been served upon the petitioner post his superannuation in the year 2001.
3.
Learned Counsel appearing on behalf of the respondent-Bank has although made a vehement effort to contend that there were serious allegations against the petitioner, however, he is not in a situation to controvert that Regulation 48 of the Punjab & Sind Bank (Employees) Pensions & Regulations, 1995 impose a limitation against initiation of Departmental proceedings against the erring official.
4.
Undisputedly, the charge sheet pertains to the period beyond the limitation as prescribed under Regulation 48, therefore taking note of the same, the present writ petition is allowed. The charge sheet dated 04.06.2005 along with all consequential proceedings initiated against the petitioner, if any, are accordingly set aside.
(VINOD S. BHARDWAJ) APRIL 22, 2025
JUDGE Vishal Sharma
Whether speaking/reasoned : Yes/No
Whether Reportable
: Yes/No VISHAL SHARMA 2025.04.23 16:48 I attest to the accuracy and integrity of this document