- (1.) HEARD Mr.V.K.Srivastava, learned counsel for the petitioner as well as learned Standing Counsel.
(2.) THE petitioner being the retired employee, has challenged the charge sheet dated 25.2.2014, as also the disciplinary proceedings initiated against him, on the basis of the said charge sheet, mainly on the ground that the petitioner was served the charge sheet after retirement, which is not permissible under the provisions of Article 351 -A of the Civil Services Regulation.
(3.) THE learned counsel for the petitioner submits that the petitioner retired from service on 28.2.2014, whereas he was served the charge sheet thereafter, though it is ante -dated, as issued on 25.2.2014. It is further stated that till the date of his retirement no disciplinary proceeding was initiated against him nor was he served any order of suspension or charge sheet. In support of his submission he cited the following decisions: - (1) Bipromasz Bipron Trading SA versus Bharat Electrinics Limited (BEL), 2012 6 SCC 384. Relevant paragraph of the judgment is reproduced hereunder: - "33.The aforesaid observations make it clear that an order passed by an authority cannot be said to take effect unless the same is communicated to the party affected. The order passed by a competent authority or by an appropriate authority and kept with itself, could be changed, modified, cancelled and thus denuding such an order of the characteristics of a final order. Such an uncommunicated order can neither create any rights in favour of a party, nor take away the rights of any affected party, till it is communicated." (2) State of Punjab, Appellant v. Amar Singh Harika, Respondent, 1966 AIR(SC) 1313. In this case the Hon'ble Supreme Court held that "We are, therefore, reluctant to hold that an order of dismissal passed by an appropriate authority and kept on its file without communicating it to the officer concerned or otherwise publishing it will take effect as from the date on which the order is actually written out by the said authority; such an order can only be effective after it is communicated to the officer concerned or is otherwise published.";