Central Administrative Tribunal - Chandigarh
Sita Ram vs Engineering Deptt., Ut Chandigarh on 20 March, 2025
1
CENTRAL ADMINISTRATIVE TRIBUNAL
CHANDIGARH BENCH
O.A. No. 60/1027/2021
Reserved On: 06.03.2025
Pronounced On: 20.03.2025
HON'BLE MR. SURESH KUMAR BATRA, MEMBER (J)
HON'BLE MRS. RASHMI SAXENA SAHNI, MEMBER (A)
Sita Ram, son of Shri Bhikhari, aged about 64 years 1 month,
Retired White Washer, O/o Executive Engineer, C.P Division No.2
(R), Engineering Department (PWD), Chandigarh Administration,
U. T. Secretariat, Chandigarh, Resident of House No.2327, Sector
37-C, Chandigarh, Group - C.
...Applicant
(BY ADVOCATE: Mr. Joy Preet Meelu for Ms. Gurpreet Kaur Sudan)
VERSUS
1. Union Territory, Chandigarh through the Special
Secretary-cum-Chief Engineer, Chandigarh Administration,
Engineering Department, Sector - 9, U. T. Chandigarh, 160009.
2. The Superintending Engineer, Construction Circle No.2,
Chandigarh Administration, Engineering Department, Sector - 9,
U. T. Chandigarh, 160009.
...Respondents
(BY ADVOCATE: Mr. Hardeep Rana proxy for Mr. G. S. Toni)
ORDER
Per: RASHMI SAXENA SAHNI, MEMBER (A):
1. We have heard learned counsel for both sides.
2. The applicant is seeking setting aside of impugned order dated 12.08.2021 (Annexure A-7) and order dated 22.02.2019 (Annexure A-2) passed by respondent No.2. The applicant has sought that all retiral dues may be paid to him with interest at the rate of 9% P.A.
3. The facts briefly are that the applicant joined as White Washer in the respondents' department in the year 1975 and his services were regularised on 19.02.1984 on the said post. He superannuated on attaining the age of 58 years on 31.07.2015 (Annexure A-1) vide 2 letter dated 31.07.2015 issued by the Sub Divisional Engineer, Road Sub Division No.3 Chandigarh.
4. An FIR No.6 dated 05.07.2013 under Sections 448, 120-B IPC and Section 13(1)(d) read with 131 of PC Act was registered against him and the applicant was put behind the bars and remained in jail for 8 days. Consequently the applicant was suspended from the date of his being taken into custody and kept under suspension till the date of his superannuation on 31.07.2015. During this period he was paid only subsistence allowance.
5. The applicant was convicted under Section 448 of the IPC vide order dated 30.03.2016 consequently after retirement the applicant was dismissed from service with effect from 31.07.2015 without giving any opportunity of being heard, vide impugned order No.40 dated 20.02.2019 (Annexure A-2). The dismissal was under Rule 13 read with Rule 5 (ix) of the Punjab Civil Services (Punishment and Appeal) Rules, 1970 (Annexure A-3) as applicable to employees of Chandigarh administration with retrospective effect with retrospective effect from 31.07.2015.
6. According to the applicant, there is no provision under Punjab Civil Services (Punishment and Appeal) Rules, 1970 as applicable to UT Chandigarh, to impose any punishment after superannuation as there remains no relationship between the employee and employer after retirement. The only authority lies with the Government to proceed under Rule 2.2(a) of Punjab Civil Services Vol-II (Annexure A-4). Against this dismissal the applicant filed a statutory appeal before respondent No.1 on 03.06.2019 (Annexure A-5) since no action was taken up, the applicant filed O.A No.75/2020 which was 3 disposed of vide order dated 24.01.2020 (Annexure A-6) with direction that the same may be decided within a period of one month from the date of receipt of certified copy of the order.
7. However no action was taken and finally in compliance of the order dated 12.08.2021, Annexure A-7 was passed by respondent No.1, disregarding the law laid down by the Hon'ble High Court of Punjab and Haryana in the case of Dalbir Singh V State of Punjab and others [(2019) 4 RSJ 518]. According to the applicant impugned orders Annexure A-2 and A-7 are illegal, unjust and unwarranted and deserved to be set aside as they have been passed ignoring the vital fact that after retirement no dismissal order can be passed. However, there is no provision in Punjab Civil Services (Appointment and Appeal) Rules, passed order after retirement.
8. The applicant has also relied upon Hon'ble Punjab and Haryana High Court decision in Tarsem Singh V Punjab Scheduled Castes Land Development and Finance Corporation [(2013) 4 RSJ 367] (Annexure A-9) as also the decision in the case of Dalbir Singh (supra).
9. The respondents in their written statement filed on 28.07.2022 have stated that the applicant was dismissed from service on conviction under Prevention of Corruption Act, 1988 vide order dated 05.07.2012 by the Special Judge, Chandigarh. Therefore, the statutory appeal filed by the applicant for setting aside the order dated 12.08.2021 was rejected vide notification dated 12.05.2020. The applicant was convicted under prevention of corruption Act 1988 and along with his co-accused was sentenced to rigorous imprisonment for a period of 6 months and to pay a fine of 4 Rs.5,000/- each and in default of payment of fine to further punishment of 15 days for commission of offence under section 448 of the IPC. According to the respondents, the second proviso to clause (2) of Article 311 of the Constitution of India provides exception to the rule of holding of enquiry. Further clause (a) of Second Proviso to Article 311(2) provides that there is no need for holding an inquiry where the Civil Servant is dismissed or removed or reduced in rank on the ground of conduct which had let to his conviction on a criminal charge.
10. Further Rule 2.2(a) of Punjab Civil Service Rules (Vol-II) provides that future good conduct of a Civil Servant even if retired is an implied condition of every grant of pension and the Government, however, reserves to themselves the right of withholding or withdrawing a pension or any part of it if the pensioner is convicted of serious crime or be guilty of grave misconduct. The respondents have relied upon para 2(8) instructions issued by Government of Punjab vide letter dated 05.08.1998 duly adopted by Department of Personnel and Administrative Reforms, Chandigarh Administration vide their endorsement dated 16.09.1998. The respondents have relied upon the Hon'ble Supreme Court order in Civil Appeal No.299 of 1995 titled Deputy Director of Collegiate Education V S. Nagoor Mira which provides that a convicted person is not fit to be retained in the Government Service consequently the punishing authority Superintending Engineer, Construction Circle 2 vide order dated 22.02.2019 by exercising powers conferred upon him vide order dated 25.03.1996 issued by the Department of Home, Chandigarh Administration and following the directions of Hon'ble 5 Apex Court in Civil Appeal No.2992 of 1995 in terms of Rule 13 r/w Rule 5(9) of Civil Service (Punishment and Appeal) Rules, 1970 as applicable to the employees of Chandigarh Administration and taking all the facts and circumstances ordered Sita Ram White Washer deemed to be "dismissed from Government service" from the date of his retirement, i.e., 31.07.2015.
11. The applicant filed an appeal dated 03.06.2019 against order of dismissal before appellate authority and the appellate authority following the guidelines and decisions pronounced by the Hon'ble Supreme Court of India in the case of K. C. Sareen V CBI Chandigarh and upholding the order of dismissal from service, he rejected the appeal filed by the applicant and ordered that Sita Ram was not entitled for any pensionary benefits, i.e., pension, DCRG and commutation of pension, etc., after the date of deemed dismissal.
12. We have perused the facts on record and the case laws relied upon by both the sides. It is clear that the applicant was convicted under prevention of corruption Act. No inquiry was conducted before his dismissal, relying upon Article 211.
13. We find that the decision of Hon'ble Punjab and Haryana High Court in the case of Tarsem Singh (supra) is applicable to the facts of the case of the applicant. We also find that the decision of Hon'ble High Court in the case of Dalbir Singh (supra) upholds the decision of the appellant that orders of his suspension from service cannot be passed with retrospective effect after retirement of the employee. The Hon'ble Supreme Court decision in Civil Appeal 6 No.1279 of 2024 titled State Bank of India and others Vs Navin Kumar Sinha is not applicable on the facts of the case.
14. The applicant has also relied upon the Hon'ble Supreme Court of India decision in Civil Appeal No.2343-45 of 1994 titled High Court of Punjab and Haryana V Amrik Singh in para 4 has held that the disciplinary authority, consequent upon the result of the departmental or judicial proceedings, should record a finding whether the delinquent has committed grave misconduct or negligence during his period of service. In para 5 the Hon'ble Court observes that the respondents have committed embezzlement and hence goes to the order of dismissal. However, it would appear that the Chief Justice was not apprised that the delinquent had already been retired from service on completion of two years' period of extended service. Therefore, the order of giving effect to the order of dismissal was of no consequence and became superfluous as he was no longer in service as on that date.
15. In view of the above discussion, we find that the case of the applicant is squarely covered by the Hon'ble Punjab and Haryana High Court decision Tarsem Singh (supra) and Dalbir Singh (supra). The judgment relied upon by the respondents titled Chairman-cum-Managing Director, Mahanadi Coalfields Limited V Sri Rabindranath Choubey [AIR 2020 SC 2978] is distinguished and is not applicable to the facts of this case. Hence, impugned orders dated 22.02.2019 and 12.08.2021 (Annexure A-2 and A-7 respectively) are quashed.
16. In view of aforesaid, the O.A is allowed. The respondents are directed to pay the retiral dues of the petitioner within a period of 7 three months from the date of receipt of a copy of the order, failing which the applicant is entitled to interest on the delayed payment at GPF rate of interest.
(RASHMI SAXENA SAHNI) (SURESH KUMAR BATRA)
Member (A) Member (J)
bp