Disciplinary Enquiry – Charge sheets issued before retirement but served after retirement – legality

On 31.5.2017, the petitioner retired as Executive Engineer in PWD of the State of Maharashtra.  The charge-sheets were “issued” on 28.4.2017 but “served” on the petitioner on 2.4.2019 after two years of his retirement. 

The Maharashtra Administrative Tribunal had negatived the challenge to the legality of said charge-sheets vide judgment dated 4.5.2022.

However, the charge-sheets were issued on 28.4.2017.   Rule 27(6) provides that the departmental proceedings shall be deemed to be instituted on the date on which charge-sheet was “issued”.

HELD that the inquiry shall be deemed to be instituted on the date when charge sheet was “issued”.   The actual “service” of charge sheet on the government servant is not a necessary part of the requirement of “issuance” of charge-sheet.  Therefore, the date of “issuance” of charge sheet is the date of institution of departmental proceedings under Rule 27(6)(a) of the Pension Rules.

Judgment dated 25.7.2024 of the Bombay High Court (Aurangabad Bench) Writ Petition No.6820 of 2022 of Toliram Phulaji Rathod Vs. State of Maharashtra with connected matters