Punjab and Haryana High Court Quashes Charge Sheets Against Dismissed Employee

Court Rules Against Disciplinary Proceedings Post-Dismissal Without Explicit Legal Provision

In a significant ruling, the Punjab and Haryana High Court has quashed the charge sheets issued to Suresh Jindal, a former Inspector Grade-2, by the Punjab State Civil Supplies Corporation Ltd., citing the impermissibility of initiating disciplinary proceedings against a dismissed employee without explicit statutory rules allowing it. The decision was delivered by Justice Harpreet Singh Brar, emphasizing that once the employer-employee relationship is severed through dismissal, the employer loses jurisdiction to continue disciplinary actions unless explicitly permitted by service rules.

The judgment stems from a civil writ petition filed by Jindal under Article 226 of the Constitution of India, seeking the quashing of charge sheets issued in 2017, years after his dismissal from service following a corruption conviction in 2013. The Corporation had attempted to initiate departmental action against Jindal, alleging financial misconduct during his tenure.

Justice Brar highlighted that the penalties under the Punjab Civil Services (Punishment and Appeal) Rules, 1970, are applicable only to serving government employees, not to those who have been dismissed. Furthermore, the court noted that the provision for post-retirement inquiries under Punjab Civil Services Rules, Volume II, did not apply to Jindal, as he was not governed by any pension scheme.

The ruling underscores the legal principle that an employer's disciplinary jurisdiction is inherently contingent upon an active employment relationship. Once this relationship is terminated, the authority to initiate disciplinary proceedings ceases, barring explicit provisions in service rules to the contrary.

The court's decision aligns with precedents set by the Supreme Court, reiterating that disciplinary actions cannot be pursued post-dismissal unless statutory rules specifically allow it. As a result, the charge sheets against Jindal were declared void ab initio and ultra vires, thereby quashing all consequential departmental inquiry proceedings.

Bottom Line:

Disciplinary proceedings against a dismissed employee cannot be initiated or continued after the severance of the employer-employee relationship unless explicitly permitted by statutory rules.

Statutory provision(s): Article 226 of the Constitution of India, Punjab Civil Services (Punishment and Appeal) Rules, 1970 Rule 5, Punjab Civil Services Rules, Volume II Rule 2.2(b)

Suresh Jindal v. Punjab State Civil Supplies Corporation Ltd., (Punjab And Haryana) : Law Finder Doc Id # 2806678