The Court noted that Regulation 351A of the Civil Services Regulations as applicable in Uttar Pradesh, prohibits initiation of the departmental proceedings against an employee after more than four years from the date of his retirement.
In this regard, the Court observed,
“The departmental proceedings against the petitioner were initiated after sanction was granted by His Excellency the Governor of Uttar Pradesh, but it is not in dispute that the charge sheet has been issued to the petitioner after more than four years from the date when he demitted the office. It is specifically provided the the Governor would grant the sanction in respect of the departmental proceedings of an event, which took place not more than four years before the institution of such proceedings. Even if it is believed that the irregularities continued till the petitioner demitted office i.e on 31.12.2011, but the charge sheet was issued to him only on 27.1.2016/28.1.2016, which is beyond four years time period as prescribed under Regulation 351-A of Civil Service Regulations.”
Accordingly, the Court was of the view that there is no point of initiating departmental proceedings against the petitioner after four years of his retirement.
It, therefore, allowed the plea of the petitioner and has set aside the November 18, 2021 order passed by the secretary of the department.
Source: Barandbench
