The Punjab and Haryana High Court has quashed departmental proceedings towards a retired police inspector, citing guidelines that do not enable such motion towards a superannuated official as soon as 4 years have handed for the reason that alleged misconduct.

“Let bygones be bygones” for the retired workers gave the impression to be the rationale for the foundations, the courtroom stated in its December 7 order.

“The obvious object behind these guidelines appears to be {that a} retired worker, after the statutory interval of 4 years, must be left to dwell in peace within the twilight zone of his life. The alleged misconduct on his half must be allowed to settle with the efflux of time,” Justice Deepak Sibal said.

The Haryana government had ordered departmental proceedings against the petitioner, observing that he had passed an LLB course from Rajasthan while he was posted in Karnal in 1986-88. It argued that the inspector could not be present at two places at the same time.

Inspector Raj Pal’s counsel submitted that he retired on June 30, 2019 and that even the extension of his service for one year ended on June 30, 2020. The charge sheet was issued against him on October 5, 2021.

Justice Sibal said a “harmonious studying” of Haryana Civil Services Rules 12.2(b) and 12(5)(a) leads to “just one irresistible conclusion”.

After an employee has retired from service, “there’s a full embargo on the initiation of departmental proceedings towards him in respect of occasion(s) which can have taken place greater than 4 years previous to the initiation of the departmental proceedings,” the order said.

The judge said the apparent rationale for the rule was to allow the retired employee to live in peace.

“The rationale also appears to be based on the phrase ‘let bygones be bygones’ for retirees and because memory fades with age as also for the reason that it is not easy for a retiree to have access to the relevant record or his colleagues, who may have also retired and settled elsewhere, making it difficult for him to effectively defend himself,” he stated.