VIGILANCE MANUAL VOLUME III - AP Online

878 DECISION - 476
(476)
Pension Rules — four-year limitation
Proceedings in respect of misconduct stretching
from 1992 to December, 1993, not time bared where
charge sheet is issued to the Government servant
on 02.08.97, after his retirement on 31.10.1996.
Mohd. Tahseen vs. Government of A.P.,
1999(4) SLR AP 6
Petitioner, Additional Superintendent of Police, Hyderabad,
retired from service on 31-10-96. A charge sheet was issued to him
on 2-8-97, after his retirement. Petitioner contended that the action
was time-barred because the misconduct which took place in 1992
was beyond 4 years prior to the institution of the proceedings.
The High Court of Andhra Pradesh held that though the first
misconduct attributed to him was related to December 1992, the
matter did not end there and the petitioner continued his involvement
in the affair in which the allegation is that he abused his official position
and falsely detained an innocent person in illegal custody to extract
some reimbursement of amount from that person said to have been
illegally collected from some one who seems to have approached
the petitioner for redressal, in December 1993. The allegation of
misconduct includes the period in December 1993 which appears to
be continuation from December 1992. There is nothing to show that
the entire incident attributing misconduct to the petitioner falls beyond
four years from the date of institution of departmental inquiry, namely,
2-8-97. There is no illegality or violation of any rulesm.
(477)
Conduct Rules — acquisition of property by wife
Acquisition of property by wife in her name, where
not paid for by the Government Servant, not
attracted by Conduct Rules.