High Court Imposes ₹1 Lakh Cost On Punjab Govt For Violating Service Rule, Defending It By Filing Lengthy Affidavit

In a stern rebuke to the Punjab Government, the High Court observed that the State had misused the judicial process by blatantly violating service rules and attempting to justify its actions through a lengthy affidavit. Taking strong exception to the conduct, the Court imposed a cost of ₹1 lakh on the government.

The Punjab Government authorities issued a chargesheet against a Public Works Department officer for an alleged incident that occurred 11 years prior to the date of superannuation. This is in violation of the Punjab Civil Services Rules, which bar the issuance of a chargesheet for the incident which is more that four years old after superannuation.

Chief Justice Sheel Nagu said, “The State instead of conceding has filed affidavit running in 56 pages opposing the claim of petitioner tooth & nail. Thus, the act of respondents is nothing short of misusing the judicial process.”

Therefore the State was saddled with costs of Rs.1,00,000 which shall be credited in favour of Poor Patients Fund, PGIMER, Chandigarh with liberty to State to recover the cost from the salary of the authority issuing the impugned order.

The Court noted that the Rules places a complete bar for issuance of a charge-sheet when issued after the date of superannuation in regard to any incident which took place four years before the issuance of the charge-sheet.

In the present case the charge-sheet, which is issued on 09.07.2021 revealed that the date of misconduct is between 03.01.2008 to 23.04.2010 which was about 11 years before the issuance of charge-sheet issued after the superannuation of the petitioner. 

Chief Justice Nagu said that, the impugned charge-sheet cannot survive the test of law and has to be quashed on anvil of Rule 2.2 (b) of the Punjab Civil ServicesRules, Volume II.

 “The precious time of this Court has been wasted in adjudicating this avoidable piece of litigation which the petitioner was compelled to initiate due to cause given by the respondents in blatant violation of law,” the Court.

Stating that the present litigation is “de horse the very basic object of Litigation Policy of the State of Punjab,” the Court imposed a cost of Rs 1 lakh on State.

Sarthak Gupta, advocate appeared for the petitioner

Vipin Pal Yadav, Ad AG appeared for the Government.

Title: Paramjit Singh v. State of Punjab & Ors

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