Daya Chaudhary, J. - (1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for quashing the charge sheet issued vide letter dated 25.06.2014 in violation of the statutory Rules, especially Rule 2.2(b)(2) of the Punjab Civil Services Rules Volume II. A further prayer has also been made for issuance of a writ in the nature of mandamus directing the respondents to compensate the petitioner as he was harassed without any reason and in violation of Service Rules.
(2.) Briefly, the facts of the case, as made out in the present petition, are that the petitioner was initially appointed as an Inspector Co-operative Societies in the department of Co-operation, Government of Punjab in the month of May 1981. Since then, he had been working regularly. He was posted at different places and his work and conduct was satisfactory. Thereafter, vide order dated 12.12.2007, the petitioner was placed under suspension under Section 27(2) of the Punjab Co-operative Societies Act. Regular inquiry was conducted against him and the report was sent by the Deputy Registrar Co-operative Societies, Sangrur in compliance of special Audit Report, which was done vide resolution dated 29.11.2008. Ultimately, the petitioner retired from service on attaining the age of superannuation vide order dated 31.08.2010. He submitted his complete pension papers before the date of his retirement. The complaint made against the petitioner was withdrawn by the authorised member of the Managing Committee on 04.04.2012. The pension case of the petitioner was not sent to the Accountant General, Punjab after his retirement and only the provisional pension was sanctioned vide order dated 07.01.2013. The petitioner made a representation but when no action was taken thereupon, he filed CWP No.24152 of 2013 before this Court, which was disposed of vide order dated 31.10.2013 with a direction to the respondents to pass a speaking order on the representation dated 03.01.2013. In response to said direction, the order was passed on 10.12.2013 and the pensionary benefits of the petitioner were released after delay of three years and four months. Thereafter, he moved an application for grant of interest on delayed payment. A charge sheet was issued to him vide order dated 25.06.2014 i.e after his retirement. The said charge sheet has been challenged by the petitioner by raising various grounds.
(3.) Learned counsel for the petitioner submits that no disciplinary proceedings can be initiated after retirement as per provisions of Rule 2.2(b) of Punjab Civil Service Rules Volume II, wherein, it has been provided that no disciplinary proceedings can be initiated against a retired employee and especially relating to an event which is more than four years' old. Learned counsel also submits that even the complaint moved against the petitioner was withdrawn but the charge sheet issued to the petitioner was not withdrawn in spite of serving a legal notice.;