CWP No.870 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.870 of 2009 Date of Decision: 05.05.2010 **** Rajinder Kumar Dania . . . . Petitioner VS. State of Punjab and another . . . . . Respondents **** CORAM : HON’BLE MR.JUSTICE SURYA KANT **** 1. Whether Reporters of local papers may be allowed to see the judgment? 2. To be referred to the Reporters or not? 3. Whether the judgment should be reported in the Digest? **** Present: Mr. P.K. Garg, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner retired from the post of Inspector Gr-I in the Food & Supply Department, Government of Punjab w.e.f. 30.08.2001 on attaining the age of superannuation. He seeks quashing of the charge- sheet dated 28.09.2005 (Annexure P1) which is said to have been issued in violation of Rule 2.2(b) of the Punjab Civil Services Rules, Vol-II (in short, ‘the Rules’). (2). The above-stated Rules enables the State Government to initiate disciplinary action against a retired CWP No.870 of 2009.doc - 2 – employee and to recover from his pension the whole or part of the pecuniary loss caused by him while in service provided that such an enquiry is held in respect of an event which did not took place more than four years before its institution. (3). The petitioner retired from service on attaining the age of superannuation w.e.f. 31.08.2001. The charge- sheet has been issued to him on 28.09.2005 pertaining to the alleged loss caused by him in the year 1997-98 and 1998-99. (4). Admittedly the events took place more than 4 years prior to the issuance of the charge-sheet. The impugned action is, thus, barred by Rule 2.2(b) of the Rules. The charge-sheet is accordingly quashed. (5). Ordered accordingly. (6). Dasti . (SURYA KANT) JUDGE 05.05.2010 vishal shonkar