HC raps Punjab for flouting service rules, imposes Rs 1 lakh cost for 'avoidable' post-retirement litigation

The Punjab and Haryana High Court has rapped the State of Punjab for violating statutory safeguards governing disciplinary action against retired employees before imposing Rs 1 lakh costs and quashing a chargesheet issued after an employee’s retirement.

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“The precious time of this court has been wasted in adjudicating this avoidable piece of litigation, which the petitioner was compelled to initiate due to cause given by the respondents in blatant violation of law,” Chief Justice Sheel Nagu observed, adding that the litigation was “de hors the very basic object of litigation policy of the State of Punjab.”

The court also expressed disapproval at the State’s aggressive resistance to the petition, “The State instead of conceding has filed an affidavit running in 56 pages opposing the claim of petitioner tooth and nail. Thus, the act of respondents is nothing short of misusing the judicial process,” Justice Nagu asserted.

Referring to the provisions of the Punjab Civil Services Rules, Justice Nagu held that disciplinary proceedings post-retirement were impermissible in respect of incidents that occurred more than four years prior to issuance of the chargesheet.

“The short point involved in the present writ petition is as to whether the chargesheet for initiation of disciplinary proceedings issued after retirement of the petitioner – he attained the age of superannuation on December 31, 2017 – can be in regard to an incident which is more than four years old. The rule places a complete bar for issuance of a chargesheet when issued after the date of superannuation in regard to any incident which took place four years before the issuance of the chargesheet,” Justice Nagu asserted.

The Bench added: “In the present case the chargesheet, which is issued on July 9, 2021, reveals that the date of misconduct is between January 3, 2008, and April 23, 2010 — which was about 11 years before the issuance of chargesheet — issued after the superannuation of the petitioner. Thus, the impugned chargesheet cannot survive the test of law and has to be quashed…,” Chief Justice Nagu added.