Giri Raj Sharma v. State Of Haryana And ORS.

2023:PHHC:114130 MANOJ KUMAR 2023.09.01 13:57

IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

CWP No.18186 of 2019 Giri Raj Sharma ....Petitioner

Versus

State of Haryana and Ors.

.....Respondents Date of decision : 31.08.2023 CORAM : HON'BLE MR. JUSTICE HARSIMRAN SINGH SETHI *** Present :- Mr. S.K. Verma, Advocate for the petitioner.

Mr. Saurabh Mohunta, DAG, Haryana.

*** HARSIMRAN SINGH SETHI, J. (ORAL) Learned counsel for the parties agree that the question of law raised in the present is squarely covered by the decision of Division Bench of this Court in CWP No.13613 of 2000 titled L.B. Gupta vs. Punjab State Electricity Board, Patiala, decided on 23.08.2001 that no charge sheet can be issued after retirement in respect of offence which is four years old on the date of issuance of charge sheet.

In the present case, charge sheet was itself issued after four years of retirement which is contrary to Rule 12(2)(b) of the Haryana Civil Services (Punishment & Appeal) Rules, 2016.

As agreed between the parties, present petition is allowed in the same terms as passed in L.B.Gupta's case (supra). August 31, 2023 (HARSIMRAN SINGH SETHI) manoj JUDGE Whether speaking/reasoned: Yes Whether Reportable : No