- (1.) These two petitions filed by a retired Assistant Engineer of the Public Works Department seek to challenge (i) the order dated 2 September 2009 by which the State Government has disapproved the report dated 27 January 2007 submitted by the Inquiry Officer in course of disciplinary proceedings held against the petitioner and considering the fact that the petitioner had retired on 31 July 2009 has directed for issuing fresh charge-sheet and for continuing the disciplinary proceedings in accordance with Regulation 351-A of the Civil Services Regulations (Regulation) and (ii) the order dated 15 April 2015 negating the claim of the petitioner for grant of second promotional pay scale on account of pendency of the disciplinary proceedings.
(2.) The main submission of learned counsel for the petitioner is that the charges relate to the alleged irregularities committed by the petitioner during the period May 1998 to June 2000 whereas he retired on 31 July 2009 on attaining the age of superannuation. Thus, the charge against the petitioner relates to an event which took place more than four years before the institution of the fresh proceedings against him. It is urged that under Regulation 351-A, the Governor is competent to grant sanction for instituting proceedings only in respect of an event which took place not more than four years. However, in the instant case, the petitioner having retired on 31 July 2009 and the charges being in respect of an event which took place more than four years thus, could not form subject matter of disciplinary proceedings instituted at this stage.
(3.) On the other hand, learned Standing Counsel contended that the proceedings were initiated against the petitioner with the appointment of the Inquiry Officer by order dated 18 October 2005. Since the petitioner did not submit any reply to the charge-sheet issued to him by the Inquiry Officer, the enquiry was concluded exparte. The State Government finding that the enquiry was conducted without following the procedure prescribed under the Uttar Pradesh Government Servant (Discipline & Appeal) Rules, 1999 (Rules, 1999), directed for continuing the enquiry proceedings as per the Regulation 351-A. In other words, the submission of learned Standing Counsel is that the enquiry against the petitioner having commenced prior to retirement, the bar contained under Regulation 351-A would not be attracted.;