Departmental proceedings are instituted on issuance of the charge-sheet, so a pre-retirement charge-sheet is not barred under pension rules.

Departmental proceedings against a retired Government servant are deemed instituted under Rule 27(6)(a) of the Maharashtra Civil Services (Pension) Rules when the charge-sheet is issued and despatched, not when it is actually served. On that construction, a charge-sheet dated before retirement is treated as initiating proceedings before retirement, so the four-year bar in Rule 27(2)(b)(ii) does not apply. The challenge to the charge-sheets therefore failed, and the writ petitions were liable to be dismissed.

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Issues: Whether departmental proceedings against a retired Government servant are deemed instituted on the date the charge-sheet is issued or on the date it is served, and whether Rule 27(2)(b)(ii) of the Maharashtra Civil Services (Pension) Rules, 1982 bars such proceedings in the facts of the case.

Analysis: Rule 27(6)(a) provides that departmental proceedings are deemed instituted on the date on which the statement of charges is issued to the Government servant or pensioner. The expression used is "issued", not "served". In service law, issuance of a charge-sheet means framing the charges and despatching the charge-sheet with the decision to initiate proceedings, and does not require actual service on the employee. Since the charge-sheets bore a date prior to retirement, the proceedings were instituted before retirement. Once institution is taken to have occurred before retirement, the four-year limitation in Rule 27(2)(b)(ii) does not apply.

Conclusion: The charge-sheets were not barred by Rule 27(2)(b)(ii), because the departmental proceedings stood instituted on the date of issuance of the charge-sheets, not on the date of their service.

Final Conclusion: The challenge to the charge-sheets failed, and the writ petitions were liable to be dismissed.

Ratio Decidendi: For Rule 27(6)(a), departmental proceedings are instituted when the charge-sheet is issued and despatched, not when it is actually served; therefore, a charge-sheet issued before retirement avoids the bar under Rule 27(2)(b)(ii).

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