Firstly, the rule that a departmental enquiry cannot be initiated where the issue involved is more than 4 years old, is applicable where the charge sheet is issued after retirement of the employee. There is no such restriction of 4 years where the charge sheet has been issued prior to the retirement, even if it may be just a few hours before retirement, as it appears to be in your case.
Secondly, this rule is as applicable to the central government employees under Rule 9 of the Central Civil Services (Pension) Rules, 1972. You have mentioned that you were working in a central PSU. So, it is not known whether there is a similar rule in your pension rules. You may have to check it from your company’s rules.
That said, there is still a general principle of law that the departmental enquiry should not be initiated on a very old issue after long delay. How much delay? Well, it depends on the facts of each case, including on the gravity of the charges. In your case, you have mentioned that the departmental enquiry has been started on an issue which is 24 years old. If correct, it would be wrong on the part of the part of the authorities to do so. You can consider challenging it in appropriate court / tribunal on the ground of gross delay caused in the initiation of the departmental proceedings in your case. There is a reasonable chance that the court may agree with your contention, more so if the charges are not serious.
Dr. Ashok Dhamija is a New Delhi based Supreme Court Advocate and author of law books. Read more about him by clicking here. List of his Forum Replies. List of his other articles. List of his Quora Answers. List of his YouTube Videos.
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