Rekha Palli DECISION
Vipin Sanghi, J.
C.M. No. 20508/2019
Exemption allowed, subject to all just exceptions. The application stands disposed of.
W.P.(C) 4609/2019 & C.M. No. 20507/2019
1. The petitioner assails the order dated 25.01.2019 passed by the Central Administrative Tribunal, Principal Bench, New Delhi, (the Tribunal) in O.A. No. 1729/2018. The petitioner's said Original Application has been dismissed by the Tribunal. The petitioner had assailed the initiation of departmental proceedings against him on the premise that the same had not been instituted within a period of 4 years of the event in respect thereof the same was instituted. He placed reliance on Rule 9(2)(b)(ii) of the CCS(Pension) Rules. The said Rule, in so far it is relevant, reads as follows:
"9. Right of President to withhold or withdraw pension
(1) ..................
(2)(a) ..........
(2)(b) The departmental proceedings, if not instituted while the Government servant was in service, whether before his retirement, or during his re-employment, -
(i) ...........
(ii) shall not be in respect of any event which took place more than four years before such institution, and
(iii) ....... "
2. The case of the petitioner was that the period of 4 years in the present case expired on 07.11.2010, whereas the respondents had initiated the proceedings by issuing the memorandum of charge only on 22.11.2010, when the charge memorandum was dispatched with the forwarding letter dated 18.11.2010.
3. The Tribunal has rejected the said Original Application by observing that the issuance of the charge memorandum to the petitioner had taken place on 03.11.2010, when the same was prepared and signed by the issuing authority after obtainment of the Presidential sanction on the same date. The Tribunal has also taken note of Sub Rule (6) of Rule 9 of the CCS(Pension) Rules which, inter alia, provides that:
(6) For the purpose of this rule, -
(a) departmental proceedings shall be deemed to be instituted on the date on which the statement of charges is issued to the Government servant or pensioner, or if the Government servant has been placed under suspension from an earlier date, on such date; and
(b) judicial proceedings shall be deemed to be instituted -
(i) in the case of criminal proceedings, on the date on which the complaint or report of a Police Officer, of which the Magistrate takes cognizance, is made, and
(ii) in the case of civil proceedings, on the date the plaint is presented in the court."
(emphasis supplied)
4. Mr. Khemka, learned counsel for the petitioner submits that the issuance of the charge memorandum took place on 22.11.2010, when the letter dated 18.11.2010 - forwarding the memorandum of charge was dispatched to the petitioner. Mr. Khemka places reliance on the decision of the Division Bench of this Court in W.P. (C.) No. 3273/2015, Secretary, Ministry of Finance and Another v. Shri B Prasad, decided on 06.04.2015. He submits that the Special Leave Petition from the said decision has also been dismissed by the Supreme Court in limine.
5. In Shri B Prasad (supra), the proceedings could be initiated against the delinquent officer till 14.07.2008. The Presidential sanction was obtained on 09.07.2008. The memorandum was signed on 11.07.2008, but the intimation vide a covering letter dated 16.07.2008 was sent by registered post on 17.07.2008.
6. In these circumstances, the Tribunal found that the initiation of the departmental proceedings against the delinquent was barred by time. This Court agreed with the said view of the Tribunal and it observed as follow........