Disciplinary proceedings initiated post-retirement must be processed under Rule 9 of CCS (Pension) Rules.

The applicant, a Superintendent of Post Offices, submitted a notice for voluntary retirement (VRS) on 26.06.2013 under Rule 48 of the CCS (Pension) Rules, 1972, effective from 30.09.2013.

The department issued a transfer order on 31.07.2013, but the applicant remained on leave until the intended retirement date.

The respondents claimed to have rejected the VRS notice on 19.09.2013 by pasting the order on the applicant's residence, but the applicant treated himself as retired on 30.09.2013.

Subsequently, the respondents issued two charge sheets under Rule 14 of the CCS (CCA) Rules, 1965: one on 10.10.2013 regarding recruitment irregularities and another on 29.06.2015 for unauthorized absence.

In separate litigation (O.A. No. 762/2014), the Tribunal held that the applicant stood voluntarily retired on 30.09.2013, a decision upheld by the Allahabad High Court on 16.07.2024.

The applicant challenged the charge sheets in the present O.A.s, arguing they were issued without jurisdiction post-retirement.

1. Whether the disciplinary proceedings initiated under Rule 14 of the CCS (CCA) Rules, 1965, remain valid after the employee is legally deemed to have retired from service.

2. Whether charge sheets issued after the effective date of a deemed voluntary retirement must be processed under Rule 9 of the CCS (Pension) Rules, 1972.

Rule 48 of the CCS (Pension) Rules, 1972, which allows retirement after 30 years of service unless the official is under suspension.

Rule 9 of the CCS (Pension) Rules, 1972, which mandates that departmental proceedings initiated after retirement require Presidential sanction, must not pertain to events occurring more than four years prior, and must follow a specific procedure for withholding or withdrawing pension.

The court also noted the principle from Secretary, Ministry of Defence & Ors. v. Prabhash Chandra Mirdha (2012) regarding the limited maintainability of challenges against charge sheets.

The Tribunal observed that the legal status of the applicant's retirement had attained finality through the High Court’s judgment, confirming his retirement date as 30.09.2013.

Consequently, the charge sheets dated 10.10.2013 and 29.06.2015, although initially issued under the assumption that the applicant was in service, must now be viewed as post-retirement proceedings.

The Tribunal reasoned that since the applicant was no longer in service on those dates, the proceedings could not continue under Rule 14 of the CCS (CCA) Rules, which applies only to serving employees.

Instead, the Department is required to follow the statutory safeguards provided under Rule 9 of the CCS (Pension) Rules, 1972, including obtaining the necessary sanctions for continuing proceedings against a retiree.

The delay in aligning the proceedings with the correct rules was attributed to the prolonged litigation regarding the validity of the VRS.

The Tribunal disposed of the Original Applications by directing the respondents to process both charge sheets under Rule 9 of the CCS (Pension) Rules, 1972. The respondents were directed to complete this process within six months and take action regarding pensionary benefits in accordance with the applicable rules.