2013 (9) TMI 1290 - SC - Indian Laws

Summary

Issues Involved:
1. Validity of the charge sheet served on the Respondent after retirement.
2. Imposition of costs on the Punjab State Electricity Board (PSEB) and recovery from the officer who authorized the appeal.

Summary:

1. Validity of the Charge Sheet:
The Respondent, an employee of the Punjab State Electricity Board (PSEB), retired voluntarily on 30.4.2004. Nearly four years post-retirement, on 7.1.2008, a charge sheet was served on him for alleged misconduct between 15.5.2002 to 3.12.2002. The Respondent challenged the charge sheet in the High Court, citing Rule 2.2.(B) of the Punjab Civil Service Rules, which restricts the initiation of departmental proceedings against a retired officer for events that occurred more than four years before such proceedings. The High Court quashed the charge sheet, and the Division Bench upheld this decision. The Supreme Court agreed with the High Court, stating that the charges were time-barred as per the second proviso of Rule 2.2.(B).

2. Imposition of Costs:
The High Court imposed a cost of Rs. 10,000/- on PSEB, directing that the amount be recovered from the officer who authorized the appeal. The Supreme Court upheld this decision, emphasizing that frivolous appeals by government bodies burden the judicial system and waste public resources. The Court cited previous judgments and reports highlighting the need for government agencies to avoid unnecessary litigation. The Court stressed that imposing costs on the responsible officers, rather than the exchequer, would instill a sense of responsibility and deter frivolous appeals. The appeal was dismissed with an additional cost of Rs. 10,000/-.