CWP No. 5792/2010 30.06.2011 Present: Mr. Lokender Paul Thakur, Advocate, for the petitioner. Mr. P. M. Negi, Dy. A. G. for the respondents-state Petitioner has prayed mainly for the following reliefs:- “i. That the impugned Charge Sheet dated 5th June, 2010 Annexure P-2 passed by the respondent No.2, may kindly be quashed and set aside to meet the ends of justice. ii. That the respondents further be directed to release the salary of the petitioner.” 2. Without going into detailed facts leading to the filing of the present petition, it would be enough to record that the impugned action initiated by the respondents-department in serving the memorandum and articles of charge dated 5th June, 2010 (Annexure P-2) is subject matter of challenge in the present petition. As per the Articles of charge, petitioner was handling the accounts for the Sale Depot. Allegedly, petitioner misappropriated the sale proceeds for the period 1977 upto 1994-95. A total sum of Rs.1,58,203.85 paise was found to have been embezzled by him. There is no dispute that petitioner deposited this amount over a period of time and the last of such installment was paid by him on 6th January, 2006. There is also no dispute that thereafter petitioner was also promoted as an AADO in the year 2008. Undisputedly, petitioner retired in March, 2011. Between the years 1994 and 2011, also the respondents did not initiate any disciplinary proceedings. However, the respondents choose to initiate disciplinary proceedings in terms of memorandum dated 5.6.2010. 3. Rule 9 of the CCS (Pension) Rules clearly prohibits such action. No departmental proceedings can be initiated with respect to an event which took place more than four years prior to its institution. The alleged misconduct took place in the year 1994-95. Even if it is to be assumed that the cause of action continued till 6th January, 2006, even then the action is beyond the period of limitation prescribed under the Rules. Consequently, the impugned action being in violation of statutory provisions is illegal. Annexure P-2 is accordingly quashed. Petitioner shall be entitled for his retiral benefits in accordance with law. Needful be done within a period of four months from the date of receipt of the certified copy of the order. With the aforesaid observations, petition stands disposed off. June 30, 2011 ( Sanjay Karol ), (rana) Judge.