CWP No.10263 of 2009.doc - 1 – HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CWP No.10263 of 2009 (O&M) Date of Decision: 20.01.2010 **** Jagroop Singh Chief Engineer (Retd.) . . . . 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. M.S. Kahlon, Advocate for the petitioner Mr. B.S. Chahal, DAG Punjab ***** SURYA KANT J. (ORAL) (1). The petitioner retired from the post of Chief Engineer, Irrigation Department, Punjab on 31st August, 2004. He seeks a writ in the nature of certiorari for quashing the charge-sheets dated 17th August, 2007 (Annexure P1) and 1st April, 2008 (Annexure P2). (2). The Petitioner’s challenge is founded upon two grounds. Firstly, it is urged that in view of the Rule 2.2(b)(2)(ii) of the Punjab Civil Services Rules, Volume-II, “no departmental proceedings could be instituted in respect of any event which took place CWP No.10263 of 2009.doc - 2 – more than four years before such institution”. Secondly, even as per the impugned charge- sheets, the alleged misconduct pertained to the year 2001-2002 and serious prejudice shall be caused to the petitioner if any enquiry is held in relation thereto, at this belated stage. (3). Notice of motion was issued and pursuant thereto, the respondents have filed their counter-reply. Suffice it to observe that nowhere the respondents have disputed the fact that the allegations in both the charge-sheets pertain to the year 2001-02. The date of retirement of the petitioner or issuance of the impugned charge-sheets are also not in dispute. (4). In my considered view, the impugned action initiated against the petitioner is expressly barred under Rule 2.2(b)(2)(ii) of the Rules ibid and the respondents cannot be permitted to initiate disciplinary proceedings against him after expiry of the permissible period. The writ petition is, accordingly, allowed; the impugned charge-sheets dated 17.08.2007 (Annexure P1) and 01.04.2008 (Annexure P2) are hereby quashed. (5). Ordered accordingly. (6). Dasti . CWP No.10263 of 2009.doc - 3 – (SURYA KANT) JUDGE 20.01.2010 vishal shonkar