Rules seek to ensure that retired people live in peace in twilight zone of life: HC

The Punjab and Haryana HC has observed that after the statutory period of four years, departmental proceedings cannot be initiated against a retired government employee. “The apparent object behind these rules seems to be that a retired employee, after the statutory period of four years, should be left to live in peace in the twilight zone of his life,” Justice Deepak Sibal maintained while allowing a plea filed by Raj Pal, a retired inspector of Haryana Police, who had sought quashing of the departmental proceedings order dated October 5, 2021.
Dropping the proceedings, the HC has held that a harmonious reading of Rules 12. 2(b) and 12(5)(a) of Haryana
Civil Service Rules leads to only one irresistible conclu-sion that after an employee has retired from service, there is a complete embargo on the initiation of departmental proceedings against him/her in respect of event (s) which may have taken place more than four years prior to the initiation of the departmental proceedings.
A departmental inquiry against him was ordered on the ground that between 1986 and 1988, while he was posted as an inspector in Karnal, he had also passed his LLB course from Rajasthan and, thus, could not have been present at two places at the sametime.
After hearing the plea, the HC ordered to set aside the departmental proceedings against the petitioner, observing that the alleged misconduct by the petitioner is prior to four years from the date of issuance of the chargesheet.