PURAN SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The Petitioner retired as an Executive Engineer in the Irrigation Department in the State of Punjab on 31.3.1987. While in service he was proceeded against in disciplinary proceedings for making some irregular payments during the course of his employment. A charge-sheet was issued to him on January 19, 1972. the allegations against the petitioner were as follows :-

(2.) On the basis of the allegations disciplinary proceedings had been initiated and ultimately by an order dated 3.6.1981 punishment of stoppage of one increment without cumulative effect was unposed besides ordering recovery of Rs. 17/- from him under Rules 5, III & IV of the Punjab Civil Services (punishment Appeal) Rules, 1970. The petitioner did not challenge this order of punishment till finding of this writ petition. As already stated, the petitioner retired from service on 31.3.1987. It appears from the record that he has been paid the gratuity and other emoluments without giving effect to the order of stoppage of one increment without cumulative effect. The petitioner filed this writ petition challenging the orders of the Govt. dated 3.6.1981 vide Annexure P.2 the orders dated 6.11.1970 vide Annexure P.7 and orders dated 21.1.1982 vide Annexure P.9.

(3.) Annexure P.7 is a letter written by Administrative officer to the petitioner bringing out the irregularities committed by the petitioner and the adverse remarks. Though the said remarks have been communicated to the petitioner as long back as in 1970, the petitioner has not taken any steps to have the remarks communicated to him set aside. The writ petition is filed in the year 1989 i.e. after a lapse of 19 years from the date of communication of the adverse remarks to him. Therefore, there is no question of setting aside the adverse remarks at this length of time that too after the retirement of the petitioner. Therefore, the prayer of the petitioner in the writ petition to quash annexure P.7 cannot be granted.