KAMAL KANTI NASKAR Vs. UNION OF INDIA

JUDGEMENT

(1.) THE applicant was a member of the Indian Administrative Service. He retired from service from 1.9.95 on attaining the age of superannuation. After his retirement, the Chief Secretary to the Government of West Bengal issued memorandum dated 29.10.96 communicating the applicant that the Governor had proposed to hold an inquiry under Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 against him. In paragraph No. 2 of the said memo it was further communicated that sanction of the Central Government under Sub-clause (i) of Clause (b) of the proviso to Rule 6(i) of All India Service (DCRB) Rules, 1958 had been obtained. On receipt of the said memorandum the applicant submitted his representation on 6.12.96 to the Chief Secretary stating the Rule 8 of the All India Services (Discipline and Appeal) Rules, 1969 was not applicable to him as he had already retired from the service.

(2.) The case for the applicant is that the provision of All India Services (Conduct) Rules, 1968 are not applicable to him since he was not in service on the date the charge-sheet was issued and therefore, no inquiry could be held against him under the All India Services (Discipline and Appeal) Rules, 1969. The further case for the applicant is that no inquiry could be held against him for the alleged misconduct which had taken place more than 4 years before the institution of the proceeding. It is averred that in the AIS (D and A) Rules, 1989 member of the services has been defined and since the applicant had ceased to be the member of the service, no proceedings can be continued against him. It is prayed that the charge-sheet dated 29.10.96 be quashed.

(3.) IN the reply filed by respondent No. 1 it is stated that the proposal of the Government of West Bengal was considered by the Government of INdia in the Department of Personnel and Training and keeping in view the allegations that the applicant had made illegal collection of money to the tune of Rs. 5,47,600/- from SC/ST candidate in the name of allotment of STD/ISD pay phone booths under the State Government Scheme the disciplinary proceedings had been initiated against him. It is also stated that the State Government was requested to consider the question of launching of separate criminal prosecution also against the applicant under the provisions of Prevention of Corruption Act, 1958 for accepting illegal gratification of Rs. 5.47 lakhs. It is averred that the applicant had misconducted in the year 1992-93 and therefore, when the departmental proceedings were initialed against him in the year 1996, it was within limitation. It is further stated that the act of the applicant is in the nature of grave misconduct.