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Too late for action against former govt employee, says CAT
NEW DELHI: Haridev Prasad can now heave a sigh of his post-retirement relief. A Central Administrative Tribunal (CAT) has ordered the government to end disciplinary
NEW DELHI: Haridev Prasad can now heave a sigh of his post-retirement relief. A Central Administrative Tribunal (CAT) has ordered the government to end disciplinary proceedings against him for using a fake matriculation certificate to get promotion two decades ago, stating that it was too late for any action.
Prasad had retired after serving 32 years at the Indian Council of Agricultural Research (ICAR), New Delhi. Initially appointed as Beldar in Group ‘D’, he was ultimately promoted to the rank of senior technician.
He had just begun to reap his retiral benefits when he was served with a memorandum of charge by ICAR accusing him of submitting a fake matriculation certificate in the year 1993-94 to get a promotion.
The disciplinary proceedings, if successful, could have stripped him of his pension benefits.
In his plea before the tribunal, Prasad claimed that though the charge-memorandum alleged him of committing “grave misconduct during 1993-94” by submitting a fake certificate, no departmental or disciplinary proceedings was instituted during that period.
He invoked a provision under the Central Civil Service (Pension) Rules which says departmental proceedings, if not instituted while the government employee was in service, cannot be set up with respect to an event that occurred more than four years before such institution.
He also challenged the charge-memorandum on the ground that it was not sanctioned by the President of India. He further sought refund of the pension money, which has been withheld so far by ICAR.
On the other hand, ICAR refuted Prasad’s plea saying that he had shown a Class X pass certificate from a high school in Bihar when he was employed in 1982.
Later on, while seeking promotion he submitted a certificate issued on January 7, 1993 by the same school containing marks obtained by him in matriculation exam.
ICAR said after the matter was enquired into it was revealed that he had submitted a fake mark sheet and was “rightly chargesheeted” for the misconduct.
The tribunal, however, took note of the fact that the government initiated the disciplinary action against Prasad after two decades since the alleged misconduct took place.
“The event was stated to have taken place during the period of year 1993-94 and the impugned chargesheet was served on the applicant on November 24, 2014,” the tribunal said, adding that as per the CCS Pension (Rules) the ICAR is debarred from instituting a department enquiry against Prasad. It quashed the charge sheet and all departmental proceedings initiated against Prasad saying that they were “illegal”.
