Chandigarh: The Punjab and Haryana High Court has quashed departmental proceedings against a retired police inspector, citing rules that don't allow such action against a superannuated official once four years have passed since the alleged misconduct. "Let bygones be bygones for the retired employees appeared to be the rationale for the rules, the court said in its December 7 order.
"The apparent object behind these rules seems to be that a retired employee, after the statutory period of four years, should be left to live in peace in the twilight zone of his life. The alleged misconduct on his part should be allowed to settle with the efflux of time," Justice Deepak Sibal said. The Haryana government had ordered departmental proceedings against the petitioner, observing that he had passed an LLB course from Rajasthan while he was posted in Karnal in 1986-88. It argued that the inspector could not be present at two places at the same time.
Inspector Raj Pal's counsel submitted that he retired on June 30, 2019 and that even the extension of his service for one year ended on June 30, 2020. The charge sheet was issued against him on October 5, 2021. Justice Sibal said a harmonious reading of Haryana Civil Services Rules 12.2 (b) and 12(5)(a) leads to only one irresistible conclusion.
After an employee has retired from service, "there is a complete embargo on the initiation of departmental proceedings against him in respect of event(s) which may have taken place more than four years prior to the initiation of the departmental proceedings," the order said. The judge said the apparent rationale for the rule was to allow the retired employee live in peace. The rationale also appears to be based on the phrase 'let bygones be bygones' for retirees and because memory fades with age as also for the reason that it is not easy for a retiree to have access to the relevant record or his colleagues, who may have also retired and settled elsewhere, making it difficult for him to effectively defend himself," he said. (PTI)
